BOSU ALIAS GURUBUX SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been moved u/s 439 Cr. P. C. The accused-petitioner Bosu alias Gurubux Singh along with three others is being prosecuted in respect of offences under sections 302 and 120b I. P. C. before Addl. Sessions Judge, Udaipur. The petitioner was arrested on 28th November, 1981 and is in custody ever since then. A charge was framed on 11th February, 1982 and the case was fixed for recording the prosecution evidence on 19th and 20th May, 1982. 19th May, 1982 was declared a holiday and the case was adjourned on 20th May, 1982 but on that day, the Presiding Officer of the court of the Addl. Sessions Judge was on leave and the case was adjourned for recording of evidence to 1st and 2nd July 1982. On these dates also, the Presiding Officer of the court of Addl. Sessions Judge was on leave and the case has been adjourned for recording prosecution evidence on 11th and 13th August, 1982.

(2.) IN the bail application, it has been submitted by the petitioner that there is no valid order remanding the accused-petitioner in custody and in that context, it has been submitted that the Judicial Officers who had adjourned the case on 20th May, 1982 as well as on 1st and 2nd July, 1982 were not competent to pass an order remanding the petitioner to judicial custody and further more the record does not show that any order remanding the petitioner to judicial custody was actually passed.

(3.) RULE 45 of the General RULEs (Criminal), 1980 framed by this Court provides as under: - "45 Report if Sessions Judge leaves division. In the event of the Sessions Judge leaving his sessions division, he shall make arrangement for disposal of urgent criminal work in view of section 10 (3) of the Code in his absence. On return he shall report to the High Court, the date of his departure from, and his return to his headquarters. Any Additional Sessions Judge or Assistant Sessions Judge, who is leaving the sessions division shall make report of his absence to the Sessions Judge as well as to the High Court. The arrangements for disposal of urgent criminal work in the absence of such Additional Sessions Judge or Assistant Sessions Judge shall be made by the Sessions Judge. " The aforesaid rule also postulates that in the event of the Sessions Judge leaving his sessions division, he shall make arrangements for disposal of urgent criminal work in view of section 10 (3) of the Code in his absence and in the absence of Addl. Sessions Judge, the arrangement for disposal of urgent work shall be made by the Sessions Judge.