Rajasthan Court June 1983 Judgments

Kheraj and ors. Vs. the State of Rajasthan

Court: Rajasthan

Reported in: 1983WLN434

K.S. Lodha, J.1. This bail application under Section 439 Cr. PC has been moved on behalf of the three accused-petitioners who are standing trial for offence under Sections 147, 148, 302/149, 326 and 325 IPC before the learned Sessions Judge Merta. As the only contention urged for granting bail to the petitioners is their wrongful confinement since May 30, 1983 the facts of the case noted rot be stated. So fas as the plea of wrongful detention is concerned, the earned Counsel for the petitioner has raised three contentions before me namely:(i) That on May 30,1983, the learned Sessions Judge was on leave and the case was adjourned by the learned Additional Chief Judicial Magistrate who is purported to have been authorised by the learned Sessions Judge under Section 10(3) Cr. CP, but as a matter of fact such an authorisation was illegal because no judicial officer below the rack of a Chief Judicial Magistrate could have been so authorised under Section 10(3) Cr. P.C. (ii) that even if the...