PADAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PADAMSINGH, Nakhatsingh, Aamsingh and Takhatsingh have submitted this application to this Court under sec. 498, Criminal P. C. praying for their release on bail.

(2.) THE facts relevant for the disposal of the present application may be stated as follows - It is stated that on 30th October, 1964, when Nagsingh was going from Nanadiya to village Modardi Amarsingh and Takhatsingh who had been hiding themselves, appeared on the scene and attacked Nagsingh. THEy inflicted some lathi blows on him Nagsingh, however, managed to run away. When he covered a distance of about 100 poundas the two other accused Padamsing and Nakhatsingh who were also hiding themselves, came forward and assaulted Nagsingh. Padam Singh was armed with an axe and Nakhatsingh was armed with a lathi and they inflicted injuries with these weapons. In all Nagsingh received seven injuries - three simple and four grievous. On these facts the police submitted a charge sheet against the four applicants in the court of Sub-Divisional Magistrate, Pokran, for offence under sec. 307, Indian Penal Code. It appears that during the course of enquiry all the four applicants were enlarged on bail by the Sub Divisional Magistrate on 24. 11. 1964. THE enquiry was concluded and the Sub Divisional Magistrate passed an order for commitment of the four petitioners to the court of Session, Jodhpur, for trial under sec. 307, Indian Penal Code. He, however, did not commit them into custody but directed that they shall remain on bail and shall appear in the court of session and face their trial. After commitment, the case came before the Sessions Judge, who transferred it to the court of Additional Sessions Judge No. 1, Jodhpur. Before the Additional Sessions Judge a question arose whether the accused-petitioners should be permitted to remain on bail or not. On behalf of the Public Prosecutor it was argued that under the terms of sec. 207-A sub-sec. 16 the Magistrate had no jurisdiction to keep the petitioners on bail. He should have committed them in to custody until and during the trial before the court of session. THE accused-petitioners also submitted an application praying for their release on bail. THE Additional Sessions Judge by his order dated 1st August, 1966, rejected the application of the accused petitioners and cancelled the bail granted to them by the Magistrate. THE accused-petitioners were remanded to judicial custody. THE petitioners thereafter approached the Sessions Judge, Jodhpur, for bail but the Sessions Judge, rejected the bail application by his order dated 3rd August, 1966. THE petitioners have approached this Court under sec. 498, Cr. P. C.