SONIA Vs. STATE

JUDGEMENT

(1.) THIS is a petition for bail by Sonia, Chelia, Kirpal, Jairam, Doongra and Mst. Rukma, who are being tried by the Exra-Magistrate of Barmer under secs. 457, 380, 411 and 414 I. P. C. They had been released on bail by the Extra-Magistrate but the learned Sessions Judge cancelled their bail. Hence this petition. The first four are represented by Shri Inder Nath, and the last two by Shri Mahaveer Singh.

(2.) SHRI Inder Nath argued that the learned Sessions Judge was under a misconception as to the amount of bail which had been asked for by the trial Magistrate and had erred in acting up on a document said be an affidavit on behalf of the complainant but which was never sworn. A further argument was raised that the police report in this case did not comply with the provisions of law and that by itself is a ground for releasing the accused on bail. The same contentions were urged by SHRI Mahaveer Singh.

(3.) THE Magistrate is authorised to take any of the accused in custody should it be necessary to do so at any further stage of the case.