KHEDARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An application under Sec. 167(2) CrPC was preferred by the petitioners before the learned Additional Chief Judicial Magistrate, Bhinmal seeking default bail which was rejected vide order dtd. 27/3/2023.

(2.) Aggrieved by the order dtd. 27/3/2023, the petitioners filed another application under Sec. 167(2) of CrPC before the learned Additional Sessions Judge, Bhinmal which was disposed of vide order dtd. 3/5/2023 based on the reason that the scope of Sec. 167 had ceased to exist and thus, the application praying for default bail filed by the petitioners had lost its ground; it was also remarked that it was the exclusive domain of the High Court to decide the question of legality of detention of the applicants from the date of filing of the charge sheet to the date of taking cognizance.

(3.) Discontented with the order dtd. 3/5/2023, the present revision petition was filed by the petitioners.