JAMINI MULLICK Vs. EMPEROR

JUDGEMENT

(1.) There are four sets of petitioners before us. The first petition has been presented on behalf of Jamini Mullick and five others, the second on behalf of Akhil Chandra Sarkar and nine others, the third on behalf of Santosh Chandra Dass and Surendra Nath Mukerjee and the fourth on behalf of Abinash Chandra Mitter. The applications purport to be under Section 497, read with Section 498, of the Criminal Procedure Code.

(2.) A preliminary inquiry is now going on in the Court of the Joint Magistrate at Midnapore. The proceedings against most of the petitioners commenced practically on the 28 August 1908, but Santosh and Surendra had been arrested in July. All, the petitioners have since then been in custody. Santosh and Surendra had been in custody from July. The offences with which they have been charged are non-bailable and undoubtedly of a very serious nature.

(3.) On the 7 September, the case came on before the Joint Magistrate, and there was a remand. The preliminary enquiry was commenced on the 23 September, and witnesses were examined on that day and on the 24 and 26 September. The evidence that these witnesses gave was mostly such as would go only against Santosh and Surendra. Very little evidence was adduced against the others during these days. On the 26 the enquiry was adjourned to the 19 October, and on the same day, the 26th, applications, were made on behalf of the petitioners to be released on bail. The trying Magistrate, however, was of opinion that there were reasonable grounds for holding that the petitioners were guilty of the offences charged, and he, therefore, did not exercise the powers conferred on him by Section 497 of the Criminal Procedure Code.