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1972 Supreme(HP) 5

R.S.PATHAK
SHER SINGH – Appellant
Versus
SINGHA SINGH – Respondent


Advocates Appeared:
Inder Singh and Bhawani Singh, for Petitioner A. C. Sud, for Respondents Nos. 1 to 32.

ORDER

1. This petition is directed against the order dated May 28, 1971 passed by the Magistrate 1st Class, Nahan, granting bail to the respondents Nos. 1 to 32 and a subsequent order dated June 3, 1971 by the same Magistrate reviewing the case and granting bail afresh to the said respondents.

2. The petition purports to have been made under Sections 435 and 439 of the Code of Criminal Procedure and also under Article 227 of the Constitution.

3. At the outset, learned counsel for the respondents Nos. 1 to 32 has raised an objection that this revision application should not be entertained as the petitioner should apply in the first instance to the learned Sessions Judge.

4. It appears that on April 27, 1971, the respondents Nos. 1 to 32 were arrested for different offences upon a complaint filed by the petitioner. On May 28, 1971, an application for bail was made before the Magistrate and bail was granted. But before the respondents were actually released, the petitioner pointed out that one of the offences for which the respondents had been arrested was an offence under S.307. I.P.C which was non-bailable. The Magistrate considered the matter and held that the case properly fell under






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