STATE OF ORISSA Vs. DAMODAR PENTIA AND GORA PENTIA

JUDGEMENT

(1.) THIS is an application by the State for cancellation of bail granted to the opposite parties by the Sessions Judge of Koraput -Jeypore while a committal proceeding against them was pending on a murder charge.

(2.) ON the basis of a first information report dated 8 -5 -1970, G.R. Case No. 214 of 1970 was registered, and the two opposite parties were arrested for the murder of the deceased which took place at about 2.30 P.M. on 8 -5 -1970. Pending committal inquiry, the Sessions Judge was moved for bail. The sessions Judge enlarged them on bail of rupees five thousand each with two local sureties for the like amount.

(3.) IT is now well -settled that Section 498, Code of Criminal Procedure confers unfettered discretion upon the High Court and the Sessions Court in the matter of grant of Jail to a person accused of a non -bailable offence. They are not controlled by the limitation of Section 497 which prohibits enlargement of accused persons on bail if there are reasonable grounds for believing that they are guilty of an offence punishable with death or transportation for life.