- (1.) The present revisional application has been filed by the Superintendent and Remembrancer of Legal Affairs, West Bengal on behalf of the State against the order passed by the Sessions Judge, Coochbehar on 18-2-1977 granting bail to the accused-opposite parties, Mansur Ali and Bajra Mia who were awaiting trial before the Assistant Sessions Judge, Coochbehar under Sections 366 and 376 read with Section 34 of the I.P.C. along with another accused Nurul Mia.
(2.) The relevant facts connected with the application before us are simple. The accused-opposite parties along with one Nurul Mia were committed to the Court of Session for trial by the committing Magistrate under Sections 341, 448 and 376 of the I.P.C. The learned Sessions Judge transferred the case for trial to the file of the Assistant Sessions Judge. Nurul Mia was granted bail but the learned Assistant Sessions Judge rejected the prayer for bail made on behalf of the accused-opposite parties on 22-1-1977. Thereafter the said accused-opposite parties Mansur Ali and Bajra Mia filed before the learned Sessions Judge an application under Section 439 of the Cr. P.C., 1973 for bail and on hearing the parties the learned Judge granted bail on 18-2-1977. Against that order, the present revisional application has been filed.
(3.) Two contentions have been urged from the side of the petitioner-State by Mr. S. S. Roy, the learned Advocate. It has been first contended that the Assistant Sessions Judge to whom the case was transferred for trial being a Court of Session, the learned Sessions Judge had no jurisdiction to interfere with the order refusing bail. Secondly, it has been urged that in the absence of any specific provision in the Cr. P.C., 1973 giving jurisdiction to the learned Sessions Judge for considering a prayer for bail after it has been rejected by the learned Assistant Sessions Judge who was in seisin of a sessions trial, the impugned order of the learned Sessions Judge was without jurisdiction. The application has been opposed by Mr. Tapandeb Nandy appearing on behalf of the accused opposite parties.;