TASHI WANGDI Vs. T D RINZING

JUDGEMENT

(1.) THIS application has been filed by the petitioner, who was at the relevant time posted as Chief Judicial Magistrate (East and North), Sikkim for expunging the remarks made by Shri T.D. Rinzing, the then District and Sessions Judge (East and North) in his order dated 24th Oct. 1997, in Criminal Case No. 15/97, State v. Indra Bahadur Chettri, to the following effect :

(2.) THERE is no doubt the grant of bail by the Chief Judicial Magistrate, in the case under Section 307 IPC was beyond his jurisdiction inasmuch as the offence under Section 307 IPC is punishable with imprisonment for life and bail could not be granted by the Chief Judicial Magistrate in respect of such offence under the provisions of Section 437 of the Code of Criminal Procedure, 1973. Bail under Section 439 can be granted by the High Court or the Sessions Judge but not by the Chief Judicial Magistrate or any other Magistrate. However, Shri T. Wangdi submits that the accused had been granted bail by the Police. But, bail had been granted by the Police under Sections 279/337 IPC and not Section 307. Even if, in a given case, but not in this case, Police does something wrong, the Magistrate cannot find support from such wrong that may be done by the Police for his own wrong. THERE is no doubt that the order granting bail by Shri T. Wangdi, Chief Judicial Magistrate (East and North) was without jurisdiction and, accordingly, illegal. However, at the same time, I am of the view that it would have been better if the word 'ridiculous' had not been mentioned by the learned Sessions Judge (East and North) in his aforesaid order dated 24th Oct. 1997. Accordingly, I direct that in the sentence "This is not ony illegal but also ridiculous" occurring in the aforesaid order dated 24th Oct. 1997, the words "not only" and "but also ridiculous" be expunged. The application thus stands disposed of Order accordingly.