This Revisional application is directed against an order dt. 1-7-1982 in G.R. Case No. 563 of 1982 passed by the learned Sub-Divisional Judicial Magistrate, Alipurduar rejecting the prayer of the petitioners to accept their surrender in Court and release them on bail.

2. The point at issue in this case is whether when any person accused of or suspected of the commission of a non-bailable offence appears before a court other than the H.C. or Court of Session and submits himself to the jurisdiction and order of the Court and applies for bail, his surrender can be accepted and application can be considered or not by the said Court.

3. In this case it appears that a First Information Report was lodged with Police Station Falakata on 18-6-82 against the seven petitioners and some others alleging commission of offences under Secs. 147/148/149/450/424/324/302 of the Indian Penal Code and the Police registered Case No. 10 dated 18-6-1982 being G.R. Case No. 563/82 against the petitioners and others and started investigation. Thereafter the petitioners appeared before the learned Sub-Divisional Judicial Magistrate, Alipurduwar before whom the case was pending on 1-7-1982 and prayed f