RAM NARESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 4-10-1993, passed by Additional Sessions Judge, Gohad, whereby he granted bail to the non-applicants No. 1 to 5.

(2.) Facts leading to the present petition are : that an offence under Section 307/34, I.P.C. was registered at Crime No. 71 /93 at P. S. Mou. It was alleged that the accused persons caused injuries to complainant's brother Satyendra and Arvind by fire-arm. The non-applicants moved an application for bail, which was rejected but the second application was allowed. Feeling aggrieved thereby, the present petition has been preferred.

(3.) Learned counsel for the non-applicants contended that the revision petition is not maintainable, as, the order of bail granted in their favour is an interlocutory order. Learned counsel for the applicant contended that if it is held that the revision petition does not lie, the application may be treated as a petition under Section 439(2) of the Code of Criminal Procedure, for cancellation of bail. On merits, learned counsel for the applicant argued that a perusal of the injury report shows that the injuries were serious in nature and the learned trial Court committed an irregularity and illegality in granting the bail. No bail should have been granted. The first application was rejected and there were no new grounds for granting the bail.