M.H.S.Ansari,J. - (1.) Present reference to this Bench has been made by an order dated January 28, 2000 passed by a Division Bench of this Court, as there was difference of opinion between the two learned Judges.
(2.) Briefly stated, facts leading to the present reference and the questions as framed by the Division Bench, are as under : On an application under Section 438, Cr. P.C. filed by the petitioners-Maya Rani Guin and another, this High Court granted anticipatory bail on September 16, 1999 on certain conditions. It was further directed that such order of anticipatory bail would remain operative for a period of three weeks from the date of passing such order subject to the decision of the Supreme Court in the case of K.L. Verma v. State, 1997 Cal Cri LR (SC) 88. It was further directed by this Court that if any application for bail was thereafter made by the petitioners before the appropriate Court under Section 437/439, Cr. P.C. the same would be disposed of by such Court in accordance with law.
(3.) After such anticipatory bail was granted by this Court, the petitioners surrendered before the learned Sub-Divisional Judicial Magistrate on October 1, 1999 and made a prayer for bail. The learned Magistrate by his order dated October 1, 1999 rejected the prayer for regular bail. They were, however, not taken into custody and were given 15 days' time to obtain necessary order of bail from 'the upper Forum'.;