RAMJIDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application has been made under Section 439 Criminal P. C. by four accused persons Ramji Das s/o Chela Ram, Basantilal, Bhajansingh and Dharam Singh. I have heard arguments.

(2.) THE facts appear to be that in the town of Vijaynagar, District Sri Ganganagar, there is a truck Union which allots loads to its members. But Jasbir Singh deceased did not agree to abide by the directions of the union in respect of transporting some cement. Some words were exchanged between Union people and Jasbir Singh towards the evening of 16-11-1975 and Jasbir Singh and party left for home. It is alleged that at about 9. 15 p. m. Subhash Jain and 15 others armed with guns, knives, and lathis came to the workshop of Jasbir Singh and attacked them, Jasbir Singh and Faqir Chand died on the spot, while Roop Singh and Hukam Singh father of the deceased were severely wounded. The case was registered in the police station, Anupgarh against 18 persons but it appears that after some time, the investigation was transferred to the C. I. D. The C. I. D. submitted a challan on 15-1-1976 against 10 persons under Sections 302, 307, 147, 148, and 149, I. P. C. The C. I. D. also requested the court under Section 169, Cr. P. C. to release 8 of the accused persons. But out of these 8 persons, the learned Magistrate, Raisinghnagar by his order dated 19-1-1976 took cognizance against Basantilal, Dharam Singh, Ramjidas and Bhajan Singh and Darshansingh. Their bail application was rejected by him on 21-1-1976. However, the Court of Session, Sri Ganganagar by its order dated 3-2-1976 granted bail to Darshan Singh but refused the bail of other four persons. They have now made this bail appliation in this Court.

(3.) ONE of the grounds on which bail was sought, was that after the case was submitted to the court of the Magistrate under Section 173, Criminal P. C. he was required to commit them the same day to the court of session under custody under Section 209 (b ). Their detention was also not covered by Sub-section (2) of Section 309, Criminal P. C. since their detention was illegal, they are entitled to be released on bail.