SUJAN SINGH Vs. STATE OF AJMER

JUDGEMENT

(1.) SUJAN Singh has filed this application under Sections 435, 439, 491 and 498, Cri P. C. In this application, I have heard the learned Counsel for the applicant and the learned Assistant Public Prosecutor.

(2.) THERE are certain interesting questions of law which were raised by the learned Counsel for the applicant. They are whether the learned Sub-Divisional Magistrate had, without taking cognizance of the case, any jurisdiction to issue a warrant for the arrest of the applicant and whether he had any legal authority to (take the applicant in custody on 27-4-1955. The learned Assistant Public Prosecutor has also raised the question whether the learned Sessions Judge of Pali had any jurisdiction under Section 498, Cri P. C to grant bail, inasmuch as the accused was not wanted in a case of which any court subordinate to him was seized, except for the limited purpose of sending him on bail to the court at Beawar. He has also urged that the learned Sessions Judge though he granted the bail did not, in fact, accept the bail bonds and did not, in fact, release the accused. It is, therefore, urged that the grant of bail by the learned Sessions Judge was ineffective. These questions were discussed at some length before me, but it is not necessary for me to give my views on these points as the learned Counsel for the petitioner has specifically stated that he does not press these legal points. As the points raised by the learned Counsel for the petitioner are not pressed, it is also not necessary to give a decision on the points raised by the learned Assistant Public Prosecutor.

(3.) SO far as the question of grant of bail on merits is concerned, I have been referred to - 'hutchinson v. Emperor' AIR 1931 All 356 (A) and ' joglekar v. Emperor' AIR 1931 All 504 (B ). It is necessary only to quote from the later ruling. Therein the learned Judges stated: The learned Judges in the case of -'emperor v. Hutchinson' (A) considered nine circumstances in detail. These were whether there was or was not reasonable ground for believing that the applicants were guilty of the offence the nature and gravity of the charge, severity and degree of the punishment that might follow the danger of the accused absconding if released on bail, their characters, means and standing, the danger of the offence being continued or repeated she danger of witnesses being tampered with, opportunity to the accused to prepare their defence, and the long period of the detention of the accused and the probability of a delay of a further period of seven months. These do not appear to have been laid down as exhaustive or inflexible tests. There is no doubt that all or most of these points may in particular cases be of importance and weight may have to be attached to them, and to other points also. It cannot be suggested that any one of those tests would, by itself, even in the face of other considerations to the contrary, be conclusive. It is the net result of all the considerations for and against the accused, which must ultimately decide the matter. Many more considerations can be added, without any attempt to make the list exhaustive. Even the extreme youth or old age or sex of the accused may be a matter for consideration, and so also the state of his health. . . . His previous conduct and behaviour in Court, or want of confidence in obtaining reliable sureties or the character of the sureties, if indemnified by the accused, may equally be taken into account. Even his social status or the position which an accused person occupies in relation to the other members of his family, particularly when he is the only adult male member, the rest being women and children, has also not been lost sight of. Sometimes even the fact that he was arrested during the harvesting time has also been considered, though of course not made the sole ground of release. Again, the fact that the Sessions Judge has refused to exercise his discretion in favour of the accused must also be given due weight. It would be hopeless to attempt to draw up an exhaustive list.