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Ahmed Ali Sardar and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in75Ind.Cas.537
AppellantAhmed Ali Sardar and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 123, 498 - sessions judge, if competent to grant bail pending hearing of reference under section 123, criminal procedure code. - .....to be admitted to bail. there are no words in section 123, sub-section (2), controlling the very wide provisions of section 498. if a person has been convicted and has appealed, he can apply for bail to the sessions judge, in the present case as an order has been made under section 118 against the petitioners, such an order is liable, in the circumstances stated, to be revised by the sessions judge under the previsions of section 123, sub-section (2). in other words, the sessions judge may or may not confirm the order passed by the magistrate under section 118 and it stands to re son that if in the case of a person who is convicted and who has preferred an appeal, bail is allowable, bail can similarly be allowed in the case of a person against whom an order has been made under section.....
Judgment:

1. The present Rule was issued calling upon the District Magistrate of Tipperah to show cause why, pending the hearing of a Reference by the Sessions Judge of Tipperah under Section 123, Clause (2), of the Code of Criminal Procedure, bail should not be granted to the petitioners to the satisfaction of the District Magistrate.

2. It appears that certain proceedings were taken against the petitioners under Section 110 of the Code andian order against the petitioners was made under Section 118, as the petitioners were unable to furnish the securities demanded. The proceedings were then laid before the Sessions Judge of Tippreah for orders under Section 123. The petitioners urge that, pending the hearing of the Reference under Section 123, Sub-section (2), they should be admitted to bail. The Sessions Judge was of opinion that, having regard to the provisions of Section 123, Sub-section (2), he had no power to admit the petitioners to bail.

3. Now, the provisions of Section 498, Criminal Procedure Code, regarding admission to bail are particularly wide ana it is pointed out in the section itself that a Court of Session may in any case direct any person to be admitted to bail. There are no words In Section 123, Sub-section (2), controlling the very wide provisions of Section 498. If a person has been convicted and has appealed, he can apply for bail to the Sessions Judge, In the present case as an order has been made under Section 118 against the petitioners, such an order is liable, in the circumstances stated, to be revised by the Sessions Judge under the previsions of Section 123, Sub-section (2). In other words, the Sessions Judge may or may not confirm the order passed by the Magistrate under Section 118 and it stands to re son that if in the case of a person who is convicted and who has preferred an appeal, bail is allowable, bail can similarly be allowed in the case of a person against whom an order has been made under Section 118 and which order is liable to be revised by a Sessions Judge under the provisions of Section 123, Sub-section (2). At any rate, in our opinion, there is no reason why any restriction should be placed upon the wide provisions of Section 498. In this view of the matter, we think the Sessions Judge had power to admit the petitioners to bail and we accordingly send the matter back to the learned Sessions Judge in order that he may deal with the matter of the application for bail in the light of the remarks made above.


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