MANOHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by the accused-applicant Manohari under sec. 482, Cr. P. C. 1973 against the order of the learned Sessions Judge, Bharatpur dated September 13, 1976.

(2.) THE facts of the case, in brief, which are relevant for the disposal of this application, are that a case under Rules 33, 43, 46, and 48 of Defence of India Rules 1971 was registered against the accused-applicant. THE learned Munsiff and Judicial Magistrate, Bayana released the petitioner on bail on June 28, 1976 on his furnishing a personal bond for Rs. 5,000/- and a surety in the like amount. THE learned Public Prosecutor after a lapse of about 3 months moved an application under Sec. 439 (2), Cr. P. C. , 1973 before the learned Sessions Judge, Bharatpur praying that the bail granted by the learned Magistrate may be cancelled. THE learned Sessions Judge by his order dated September 13, 1976 cancelled the bail, which was granted to the petitioner by the learned Magistrate. It is against this order of cancellation of the bail that the present application under Sec. 482, Cr. P. C. has been filed.

(3.) RELIANCE was also placed on In re vs. Bhuvaraha Iyengar (2), wherein it was held that in respect of offences which come within the rules framed under the Defence of India Act, that Act governs all other statutory provisions and therefore the provisions of the Code of Criminal Procedure with regard to bail do not apply.