- (1.) This revisional application has been directed against an order dated 15.12.2000 passed by the learned Sessions Judge, Bankura in Criminal Misc. Application No. 874 of 2000.
(2.) On completion of investigation of Bankura P.S. Case No. 200/2000 dated 2.9.2000 police submitted charge-sheet against the present petitioner and others under Section 307/34 of the Indian Penal Code. The present petitioner filed a petition before the learned Sessions Judge, Bankura with a prayer for accepting surrender and for considering his prayer for bail under Section 439 of the Code of Criminal Procedure. It was submitted before the learned Sessions Judge that since charge-sheet has already been submitted and other accused persons are on bail, the present petitioner should also be granted bail. The said petition filed by the petitioner was opposed by the learned Public Prosecutor, who submitted that the Sessions Court cannot accept surrender of the petitioner unless the case is committed to the Court of Sessions. After hearing the submissions made on behalf of the respective parties the learned Sessions Judge rejected the prayer of the petitioner and refused to accept surrender by the impugned order. Challenging the said order of the learned Sessions Judge the petitioner has come up before this Court in revision.
(3.) Mr. Milon Mukherjee, learned Advocate appearing for the petitioner submits that since charge-sheet has already been submitted in this case and since the learned Magistrate is not empowered to grant bail to the petitioner who is an accused in a case triable exclusively by the Court of Sessions, the learned Sessions Judge is very much competent to accept surrender and to grant bail to the petitioner.;