DHOLA Vs. STATE

JUDGEMENT

(1.) BY his order dated October 19, 1974 the learned Additional Sessions Judge, Jalore cancelled the bail of Dhola, Asu and Lalla accused of an offence under Section 302 read with Section 34 of the Indian Penal Code, in exercise of his power under Section 439 (2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as "the New Code" ). This order is being assailed firstly on the ground that the powers for cancellation of bail reside in the High Court and the Court of Session under Section 439 (2) of the New Code and the learned Additional Sessions Judge had no jurisdiction. Secondly, it is urged that the grant of bail by the learned Magistrate was an interlocutory order against which no revision is now competent under Section 397 (2) of the New Code and the learned Additional Sessions Judge had no jurisdiction to accept the revision under the New Code.

(2.) MR. Purohit contests both the contentions.

(3.) A brief resume of facts seems to be necessary. A challan was presented before the Judicial Magistrate, Sanchore on September 17, 1974 against the above named three applicants under Section 302 read with Section 34, Indian Penal Code. On September 2, 1974, the applicants moved an application for bail which was rejected by the learned Magistrate. After the presentation of the challan another application was moved and that was allowed by him by his order dated September 24, 1974. The State was aggrieved and it moved two applications before the learned Additional Sessions Judge, Jalore; one was under Section 439 (2) for the cancellation of the bail and the other was by way of revision under Section 397 of the New Code.