HIGH COURT OF CALCUTTA
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S.K.Sen. J. -
(1.) This is an application under Section 498 of the Criminal Procedure Code By the petitioners, Jainul Khan alias Jainu and two others, for grant of bail which was refused at one stage by the learned Chief Presidency Magistrate. Along with this application under Section 498 of the Criminal Procedure Code has been heard Reference 1 of 1961 made under Section 432 (2) of the Criminal Procedure Code by the learned Chief Presidency Magistrate. The petitioners had approached the City Sessions Court for bail under Section 498 of the Criminal Procedure Code, and the learned Chief Judge of the City Sessions, Court, purporting to exercise the powers of a Sessions Court under Section 498 of the Criminal Procedure Code, directed that the petitioners be released on bail of Rs. 5000/- each with two sureties each for the like amount to the satisfaction of the Chief Presidency Magistrate, Thereupon the learned Chief Presidency Magistrate has made this reference, as in his view the City Sessions Court not having any power in appeal, reference and revision, has no power to Sat in Judgment over the order of the Chief Presidency Magistrate refusing bail.
(2.) Accordingly, we have to decide whether the City Sessions Court may exercise jurisdiction under Section 498 of the Criminal Procedure Code to grant bail to an accused to whom the Chief Presidency Magistrate or any other Presidency Magistrate has refused bail.
(3.) Section 6 of the City Sessions Court Act is as follows:
"(1) The City Sessions Court shall not have any jurisdiction on appeal, reference or revision. (2) The City Sessions Court shall not have jurisdiction to try any scheduled offence. (3) Subject to the provisions of Sections 7 and 8, all matters in respect of which the City Sessions Court has no jurisdiction, shall be tried, dealt with or disposed of as if this Act had not been, passed." Along with Section 6 it is also necessary to consider Section 5 of the City Sessions Court Act which runs as follows :
"For the purposes of the Code, the Presidency-town of Calcutta shall be deemed to be a sessions division and a district, the City Sessions Court shall be deemed to he a Court of Session established for such sessions division and the Chief Judge and the other Judges of the City Sessions Court shall be deemed respectively to be the Sessions Judge and the Additional Sessions Judges appointed for such Court of Sessions; and save as otherwise provided in this Act all the provisions of the Code shall apply accordingly.";
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