KRIPA SHANKAR Vs. EMPEROR

JUDGEMENT

(1.) This is an application for bail under Secion 498, Criminal P.C.

(2.) The cse is pending in the Court of the learned Sessions Judge of Allahabad and the accused has been committed to that Court to stand his trial under Section 326 read with Section 114, Indian Penal Code The learned Sessions Judge before whom tire application was made passed an order that in view of the observations made by this Court in Emperor V/s. Deonath Cri. Misc. Case No. 1298 of 1946, he could not grant bail to the accused.

(3.) It has been argued by learned Counsel for the applicant that the observations made in Emperor V/s. Deonath Cri. Misc. Case No. 1298 of 1946 are opposed to the decision of the Pull Bench in K.N. Joglekar V/s. Emperor . This Pull Bench decision was not cited before the learned single Judge who decided Emperor V/s. Deonath Cri. Misc. Case No. 1298 of 1946. The learned Single Judge has held that: Section 498, Criminal P.C. does not by any means govern or limit the provisions of Section 497 which must apply to a case of bail being granted to a person charged with a non-bailable offence. Relying on Sub-section (3) of Section 497 of the Code, the learned single Judge has held that the learned Sessions Judge was bound to give "reasons for his view that the opposite parties, who were charged with an offence under Section 302, Indian Penal Code, should be released on bail."