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1925 Supreme(Oudh) 141
HIGH COURT OF OUDH
Simpson, A.J.C.
Abhram Bali - Appellant
Versus
Emperor - Respondent
Decided On : 13-05-1925
JUDGMENT
Simpson, A J C - This is an application for revision of the order of the Sessions Judge refusing bail. The charge is under Sections 466 and 167, I.P.C. Two persons have been committed to Sessions, namely, the applicant Abhram Bali and Zafar Husain. The application sets forth that the applicant is about 70 years old and a Government servant. He is in fact a Patwari. It is further stated that during the trial in the Magistrate's Court he was released on his personal recognizance of Rs. 50 only. The third point, to which I attach considerable importance, is that if he is not allowed out on bail there will be nobody to instruct his counsel in going through the case of documentary evidence, and he will not be able to make a proper defence. The fourth point is that the learned Judge has released Zafar Husain. In the order which is objected to no reasons are given. The learned Sessions Judge says "I see no reason to admit the application". But as the law stands now it is no longer the case that bail ought to be refused merely because an offence is non-bailable. That rule is now restricted to offences punishable by death or transportation for life. Looking at it the other way, there appears to be no reason why the accused should not be admitted to bail. The learned Government Pleader has instructions to oppose the application, but he can give me no ground except that the offence is a serious one. I allow the application and direct that the applicant be admitted to bail to the satisfaction of the learned Sessions Judge.
