JARIN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. bail application under Section 439 Cr. P.C. is directed against the orders of the learned Sessions Judge, Pratapgarh dated 25.7.1992 and the order of learned Munsif and Judicial Magistrate 1st Class, Pratapgarh dated 16.7.1992 whereby they have declined to issue a direction for bail under Section 167(2). 1. Cr. P.C. in the matter arising out of F.I.R. No. 7 /92 for the offences under Sections 8/18 and 8/21 of the N.D.P.S. Act.

(2.) Mr. Bhargava, learned counsel for the non-petitioner has raised a preliminary objection that before approaching this Court, the petitioner must have filed an application for bail under Section 439 Cr. P.C. before the learned Sessions Judge instead of filing revision. In support of this contention he has placed reliance on Manzoor Ahmed v. State of Rajasthan.

(3.) Mr. Mehta, learned counsel for the petitioner has submitted that the petition moved before the learned Sessions Judge for granting bail and prayer was also made to this effect but due to inadvertence it was mentioned as revision, so only - on a technical point it cannot be said that it was a revision and not an application for bail before the learned Sessions Judge.