PRABHU AND RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application filed under section 439, Cr. P. C. has come up for hearing before us pursuant to the referral order passed on 6. 5. 1999 by the learned Single Judge of this Court. THIS bail application has been filed after the learned Sessions Judge Karauli in his order dated 12. 3. 1999 declined to grant bail to the accused petitioners (1) Prabhu and (2) Rameshwar in Sessions Case No. 22/ 99 wherein accusation against them is for offence punishable under Sections 302, 341 323 & 34 IPC.

(2.) THE learned Single Judge in his order (supra) has observed that in D. B. Criminal Misc. Bail Application No. 730/98 moved in D. B. Cr. Appeal No 473/98 Chauthia vs. State, the Division Bench of this Court in its order dated 10. 12. 98 direc-ted that the presence of the accused applicants (co-accused persons in the said D. B. Bail application) be procured through non-bailable warrants and produced before it. In the subsequent order dated 10. 2. 1999 this Court again directed to arrest the accused applicants and expressed displeasure for non-compliance of its earlier orders. THE present accused applicants seem to have been arrested and apprehen-ded in compliance of the orders of the Division Bench. THErefore, the learned Single Judge observed that it would be appropriate to place this bail application before this Court for consideration and necessary orders. Consequently, the learned Single Judge directed that the matter may be placed before the Hon'ble Chief Justice for such necessary direction and this is how this bail application has been placed be-fore us under the order dated 11. 5. 1999 passed by the Hon'ble Chief Justice.

(3.) DURING the course of hearing, Shri Gupta also contended at the bar that this bail application would have been placed for hearing before the learned Single Judge instead of the matter being referred to the Division Bench. We may observe in this context that as per provisions contained in Rule 54 and proviso (a) to Rule 55 of the Rules of the High Court of Judicature for Rajasthan, 1952 (for short, "the High Court Rules") it is prerogative of the Hon'ble Chief Justice to allocate the Benches to be constituted from time to time in accordance with his directions. Proviso (a) to Rule 55 of the High Court Rules provides that the Chief Justice may, from time to time direct that any case or class of cases which may be heard by a Judge sitting alone shall be heard by a Bench of two or more Judges. Thus, it is sole prerogative of the Chief Justice at his discretion either to allocate the matter to the Single Judge or in appropriate case to the Division Bench. In the instant case, the matter has been placed before us pursuant to the referral order dated 6. 5. 1999 of the learned Single Judge which was placed before the Hon'ble Chief Justice who has consequently directed in his order dt. 11. 5. 1999 to place this matter before us.