RAMESWAR KHIRORIWALLA Vs. EMPEROR

JUDGEMENT

(1.) In this case Rameswar Khiroriwalla Has obtained a rule calling upon the Commissioner of Police and the Superintendent of the Presidency Jail to show cause why the petitioner should not be brought up before the Court under the provisions of S, 491, Criminal P.C.

(2.) The applicant was committed by the Chief Presidency Magistrate for trial by the High Court at Sessions in its ordinary original criminal jurisdiction upon charges under several sections of the Indian Penal Code. Each of the charges relates to an offence described as bailable in Schedule 2, Criminal P.C. On 24 January 1928, the applicant was released on bail by the order of Mr. Justice Page. Thereafter an application was made to Mr. Justice Buckland on behalf of the Crown for an order cancelling such bail upon the ground that, on 13th, 14th and 15 February 1928, the applicant had approached certain witnesses for the purpose of influencing their evidence at the trial. Mr. Justice Buckland, on 24 February 1928, made an order cancelling the bail, discharging the bail bond and committing the applicant to custody pending his trial.

(3.) The learned Judge in his judgment has carefully considered the meaning and effect of Section 496 and 561 A, Criminal P.C. He has come to the conclusion that the Court has power under the latter section to make such an order, assuming there to be no power otherwise. It is apparent from his judgment that this question was fully argued before him.