Application filed to quash Sessions Court order cancelling Magistrate's bail. Held that Magistrate lacked jurisdiction as offence included life imprisonment under Section 437 Cr.P.C. Impugned order upheld and application dismissed.
Application for quashing order dated 30.11.2021 dismissed; order of Sessions Judge upheld.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 6034 of 2022
Applicant :- Saurabh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopeshwar Sahai Bisaria Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Gopeshwar Sahai Bisaria, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned AGA for the State and perused the record of the case.
By way of present application, applicant made prayer to quash the order dated 30.11.2021 passed by Sessions Judge, Shahjahanpur and uphold the bail order dated 15.06.2021 passed by Additional Civil Judge (J.D.) Shahjahanpur.
Learned counsel for the applicant submitted that earlier on 15.06.2021, the bail was granted by the Magistrate to the applicant under Sections 420, 467, 468 IPC and Sessions Court on the cancellation application moved by the State wrongly set aside the bail granting order dated 15.06.2021. He further submitted that as all the sections, under which, the bail was granted by the Magistrate was triable by the Magistrate, therefore, Magistrate was fully empowered and having jurisdiction under Section 437 Cr.P.C. to grant bail to the applicant.
Per contra, learned AGA submitted that as vide order dated 15.06.2021 applicant was released on bail by the Magistrate under Sections 420, 467, 468 IPC, in which offence under Section 467 IPC is punishable with life imprisonment, therefore, as per Section 437 Cr.P.C. he was not empowered to grant bail to the applicant, therefore, Session Court rightly cancelled the bail of the applicant and there is no illegality in the impugned order dated 30.11.2021.
I have heard both the parties and perused the record of the case. Earlier the bail granting order shows that on 15.06.2021, learned Magistrate granted bail to applicant under Sections 420, 467, 468 IPC, but while granting the bail, learned Magistrate failed to consider the provisions of Section 437 Cr.P.C., in which there is specifically stated that if offence either punishable with death penalty or punishable with life imprisonment then, the Magistrate is not empowered to grant bail and he granted bail merely after discussing the merits of the
case and when the bail cancellation application was moved by the State, then learned Session Judge cancelled the bail granted by Magistrate after observing the proisions of Section 437 Cr.P.C., therefore, there is no illegality in the impugned order dated 30.11.2021.
Accordingly, the present application is devoid on merits and is hereby dismissed .
Order Date :- 20.5.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.05.24 19:37:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail granted by Magistrate was devoid of jurisdiction in light of Section 437 Cr.P.C.
Whether the Sessions Court had jurisdiction to cancel bail granted by Magistrate for an offence punishable with life imprisonment.
Saurabh
Hon'ble Sameer Jain
AK Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
