This is a reference Under section 395 of the Crimi­nal Procedure Code, 1973 to obtain a decision in respect of a ques­tion of law said to have arisen at the hearing of Criminal Motion No. 1(4) of 1978 before the learned Sessions Judge, Dhubri. The question asked by the learned Judge may be fashioned thus :

"Whether a Magistrate can grant bail under section 437 of the Criminal Procedure Code when an accused volu­ntarily appears before him?"

2. Intrinsic Facts : On 17.8.79, the accused persons voluntarily appeared before the Chief Judicial Magistrate, Goalpara, They were arrayed as accused in Ejahar. They made an application for bail and surrendered to the Court. The learned Magistrate, having considered the facts and circumstances of the case, enlar­ged them on bail. The State preferred an application under section 395, Cr. P.C. against the order. During the course of hearing of the Criminal Motion, the learned Sessions Judge con­sidered that the Chief Judicial Magistrate had no jurisdiction vested in him by or under section 437 of the Criminal Procedure Code to grant bail. According to the learned Judge, the Section only empowers the Court to release an accused on bail onl