- (1.) R. N. Ray, J. Heard the learned Counsel for the applicant who submitted that his client was granted bail in Crime No. 268/95 on 20-2-95, under Section 167 (2), Cr. P. C. of P. S. Baghpat, Meerut as the charge was not framed in this case within the stipulated period as contemplated in Section 167, Cr. P. C.
(2.) AN application was filed for cancellation of bail under Section 439 (2), Cr. P. C. and the learned Sessions Judge was pleased to cancel the bail only on the ground that it was a case under Section 302/34,i. P. C. , so the learned Magistrate was wrong in granting bail. In this way learned Counsel for the applicant submits that the order of the learned Sessions Judge should be quashed as in the face of it there are errors of law resulting miscarriage of justice to the prejudice of this present applicant, Learned A. G. A. submits that it is a case under Section 302, I. P. C. and the allegations are serious and in the meantime after pissing of the impugned order by the learned Sessions Judge, charge-sheet has been submitted by police, so this Court ma)- be pleased to reject the submissions of the learned Counsel for the applicant.
(3.) DULY considered the submissions. It was the legal obligation on the part of the learned Magistrate to grant bail because the charge- sheet could not be submitted by the police within the stipulated period as contemplated in Section 167, Cr. P. C. Against the order of the learned Magistrate an application for cancellation of the bail was moved before the learned Sessions Judge under Section 439 (2), Cr. P. C. and the learned Sessions Judge al lowed the prayer for cancellation of bail upon not holding that there was any ap prehension for abscondance of the accused or apprehension of tempering with the evidence learned Sessions Judge cancelled the bail upon holding only that the learned Magistrate was not competent enough to grant bail since it was a case under Section 302, I. P. C. However, it is held that learned Magistrate was competent to grant bail and was under legal obligation to grant bail to the accused as the charge-sheet was not submitted within the stipulated period. It is observed that the order passed by the learned Sessions Judge is set aside and the prayer of the applicants stands allowed. If the accused persons have already been taken into custody, then they be immediately released on bail.;