GIRRAJ AND OTHER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -This is a reference by the Sessions Judge, Jaipur City, Jaipur vide his order, dated, 23rd Sept., 1982.

(2.) On the report of Ishwar Singh Nathawat on 29th July, 1982 a case under Sec. 302 I. P. C. was registered against Giriraj and others at police station Sodala, During the investigation of the case, the appellants Girraj, Lokesh, Ram Singh and Shashi Paliwal surrendered before the Judicial Magistrate No, 4, Jaipur District Jaipur who sent them to police custody. These applicants submitted an application for bail under Sec. 439 Cr. P. C. before the Sessions Judge, Jaipur City, Jaipur. The learned Public Prosecutor raised an objection that the Court of Judicial Magistrate No. 4, Jaipur District, Jaipur is under the administrative control of Sessions Judge, Jaipur District, the case in hand can be committed by the Judicial Magistrate No. 4, Jaipur District, Jaipur to the Court of Sessions Judge, Jaipur only and in this view the bail application filed by the applicants does not lie in this court and the Sessions Judge, Jaipur City, Jaipur has no jurisdiction to dispose off this bail application. On this objection the Sessions Judge heard both sides and made this reference on the following points :

(3.) I have heard at length the learned counsel Shri N. C. Chaudhary, Shri R. P. Garg for the complainant and learned Public Prosecutor.