BENI MADHAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these bail applications filed under Section 439, Cr. P. C. raise common questions for determination, and, therefore, they are disposed of by a common order,

(2.) IN Bail Application No. 721 of 1981 the applicants are Beni Madhava, Brijlal, Sobedar and Shivram. On the basis of a report given by one Motilal Of village Beri to Shri Nensingh, Assistant Sub-Inspector, police Station, Weir on July 4, 1981, a case under Sections 438 and 307, I. P. C. was registered. In connection with the aforesaid case the accused-applicants, Beni Madhava. Brijlal and Subedar were arrested on Jan. 19, 1981. Accused-applicant Shivram was arrested on Feb. 20, 1981. They were remanded to judicial custody from time to time by the Munsiff and Judicial Magistrate, Weir, By order, dated April 13, 1981 the Judicial Magistrate remanded the accused-applicants to judicial custody till April 27, 1981. In the meanwhile, on April 18, 1981 the S. H. O. P. S. Weir filed the challan against the accused-applicants and other accused persons in the Court of Judicial Magistrate, Weir under Sections 395, 397. 398 and 307, I. P. C. Before that the accused applicants Beni Madhava, Brijlal and Subedar moved a bail petition which was rejected by the Sessions Judge, Bharatpur by his order, dated March 10, 1981. The bail petition filed by the accused petitioner Shivram. was rejected by the Addl. Sessions Judge,. Bharatpur dated June 8, 1981. Thereafter the petitioners moved this bail petition.

(3.) IN Bail Application No. 802 of 198l the applicants are Shriram and Bangali. On the basis of a report lodged by one Johari at P. S. Rajakhera on March 15, 1981 a case under Sections 395, 397 and 398, I. P. C. was registered and in connection with the aforesaid case the accused-applicants were arrested on April 7. 1981. They were remanded to the Judicial Magistrate No. 1, Dholpur from time to time, by order, dt. July 1, 1981, they were remanded to judicial custody by the Additional Munsiff and Judicial Magistrate till July 15, 1981. In the meanwhile on July 3, 1981, the challan was filed in the Court of Additional Munsiff and Judicial Magistrate No, 1, Dholpur. The accused-petitioners filed a bail petition which was rejected by Additional Sessions Judge No. 1, Dholpur by his order, dated June 10, 1981. Thereafter the accused-petitioners have moved this bail application.