- (1.) PALOK Basu, J. In this case Sri S. K. Agrwal has put in appearances on behalf of the informant Ashok Kumar. He does not propose to file any counter-affidavit and said that he would like to oppose the application even at the submission stage.
(2.) SRI Anup Ghosh, learned Counsel for the applicant vehemently argued that once the matter was resting only under Section 337, I. P. C. the Magistrate was not justified in summoning the applicant under Section 307, I. P. C. In this connection it was further argued that the applicant had been enlarged on bail by the Magistrate concerned under Section 337, I. P. C. A perusal of the order dated 21-2-1990 indicates that even though the police had filed a charge sheet under Section 337, I. P. C. the Magistrate had sum moned the applicant under Section 307, IPC on the basis of material existing in the police papers filed with the charge sheet. It further appears that the F. I. R. had been taken down under Section 307, I. P. C. at P. S. Chapprawli against case crime No. 135 of 1990. Aggrived by the aforesaid summoning order the applicant had gone up in revision before the Sessions Judge who upheld the order of the Magistrate and dismissed the revision on 25. 5. 1991; hence this revision. Suffice it to say that no grievance can be made about the order of the Magistrate because he, on the facts and circumstances of the case, summoned the applicant under Section 307, I. P. C. However, much would depend upon what further steps are taken by him. As to whether the case can be committed or not would still be within the realm of his jurisdiction to test.
(3.) SRI Anup Ghosh then argued that if the applicant is not allowed time to take a bail application under Section 307, I. P. C. he may be arrested unnecessarily inasmuch as he has already enjoyed liberty under Section 337, I. P. C. in the same crime number. In view of the aforesaid discussion it is hereby directed that in case the applicant Sudesh Pal appears before the Magistrate concerned and prays for time, he shall be granted one month's time to make an application for bail before the competent court as regards the charge under Section 307, I. P. C. which bail application shall be decided by the said competent court in accordance with law on the day it is moved.;