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2014 Supreme(J&K) 78

JANAK RAJ KOTWAL
Jamal Din – Appellant
Versus
CPO Kishtwar – Respondent


Advocates Appeared:
A.A. Hamal, B.R. Chandan.

1. This petition seeks invoking of inherent jurisdiction of this Court under Section 561-A of the Code of Criminal Procedure (for short, the Code) to quash order dated 15.10.2012 passed by learned Sessions Judge, Kishtwar in a criminal revision, whereby order dated 15.2.2011 passed by ld. Chief Judicial Magistrate, Kishtwar granting compulsive bail in terms of section 167 (2) of the Code to the petitioner has been set aside.

2. Heard. I have perused the record.

3. Facts necessary for disposal of this revision petition, briefly, are these:

3.1 Petitioner came to be arrested on 16.12.2010 for his involvement in commission of offences under sections 302/109 RPC and 7/27 Arms Act in FIR No. 248/2010 of Police Station, Kishtwar. He was produced before the Magistrate and the initial remand obtained on 17.12.2010. Remand was extended from time to time and ultimately Police filed charge-sheet (challan) against him in the court of ld. Chief Judicial Magistrate, Kishtwar on 15.02.2011. In the meantime, bail application on behalf of the accused seeking compulsive bail in terms of 167 (2) of the Code had been moved on 14.02.2011. Learned Chief Judicial Magistrate took up this bail application too



























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