- (1.) Upon a reference made by a Single Bench of this Court, instant matter has been placed before the Division Bench for answering the referred question. Reference arises out of revision petition, which has been preferred by three petitioners, namely, Manohar Lal Saini, Dinesh Kumar Saini and Umesh Kumar Saini, challenging the order dated 06.03.2014 passed by the court of Additional District and Sessions Judge No.3, Sikar, passed on the application of the complainant filed under Section 319 of the Code of Criminal procedure (for short, 'the Code'), vide which the court has taken cognizance against them. While the charge-sheet was filed by the police against other accused for offence under Sections 143, 323, 341 and 302 IPC, the Investigating Officer kept investigation pending against three petitioners under Section 173(8) of the Code. Learned trial court, however, taking into consideration statement of prosecution witnesses, found that prima facie case was made out to join them as co-accused. It therefore took cognizance against them and summoned them by issue of bailable warrant in the sum of Rs.20,000/- each. Apprehending that in the event of their appearance on 09.04.2014 before the trial court, they may be sent behind the bars, the petitioners have approached this court for a direction to the trial court not to send them to jail when they appear before it after execution of the bailable warrants by the police and on furnishing bail bonds and sureties, and further to continue their bail till conclusion of the trial.
(2.) When the matter was listed before the Single Bench on 26.03.2014, learned Single Judge, on the request of learned counsel for petitioner, directed the Registry to place the same before Hon'ble the Chief Justice for appropriate orders. The Hon'ble Chief Justice by order dated 04.04.2014 required the Deputy Registrar (Judicial) "to lay the matter again before him with overall background, if any, necessitating judicial scrutiny by a Larger Bench, as seemed to be suggested.". The Deputy Registrar (Judicial) prepared a detailed note and submitted it before Hon'ble the Chief Justice on 18.04.2014, whereupon the matter was ordered to be laid before the Division Bench. The Division Bench, faced with the situation that no question was framed by the Single Bench, to be answered by the Larger Bench, by order dated 28.05.2014, again directed the Registry to place the revision petition before the learned Single Judge, with request to frame the question, which he proposes to be answered by the Larger Bench. It was thereafter that learned Single Judge, by order dated 16.10.2014, formulated the question in hindi for reference to the Larger Bench, which, when translated into english, means whether bail of an accused summoned by bailable warrant, upon his appearance before the court, can be cancelled or he should be allowed to continue on such bail till conclusion of the trial?
(3.) We have heard learned counsel for the parties. We have also heard learned counsel, who have appeared in response to general notice issued to the Members of the Bar, requesting them to address the court on the aforementioned question.;