- (1.) THIS W.P.(Cr.) has been filed for quashing the order dated 21.09.2011, passed by learned Principal Sessions Judge, Jamshedpur in Criminal Revision No. 156/2011 whereby the learned Principal Sessions Judge, Jamshedpur has affirmed the order dated 11.08.2011, passed by learned Chief Judicial Magistrate, Jamshedpur by which bail granted vide order dated 17.01.2011 in A.B.P. No. 67/2010 to the petitioner has been cancelled and warrant of arrest has been issued against him, as also for quashing the said order dated 11.08.2011, passed by learned Chief Judicial Magistrate, Jamshedpur.
(2.) AT the very outset, it is contended that the petitioner was granted bail by order dated 17.01.2011 passed in A.B.P. No. 677/2010 and certain directions were given to him to follow in order to maintain his wife for peaceful conjugal life. After grant of bail, the petitioner had taken steps to live peacefully with his wife but again she raised same sort of allegations and filed petition before the learned Chief Judicial Magistrate for cancellation of bail and the learned Chief Judicial Magistrate, after granting hearing to the parties and also keeping in view the observations made by learned Sessions Judge, Jamshedpur in A.B.P. No. 677 of 2010, pleased to cancel the bail granted to the petitioner by order dated 11.08.2011. As a matter of fact, the Chief Judicial Magistrate has no jurisdiction to cancel the bail granted by learned Sessions Judge under Section 438 Cr.P.C.. The only recourse available to the Respondent No. 2 was to file petition under Section 439(2) before the learned Principal Sessions Judge or before the High Court. Since the order impugned passed by learned Chief Judicial Magistrate, Jamshedpur is without jurisdiction and confirmation of same by learned Principal Sessions Judge, Jamshedpur in Criminal Revision No 156/2011 is also illegal, both the orders are fit to be quashed. Learned counsel appearing for the respondents - State as well as Respondent No. 2 have vehemently opposed the prayer and submitted that the anticipatory bail was granted to the petitioner with certain conditions and further liberty was given to informant, if she will have grievance in future during pendency of the criminal proceeding, she shall be entitled to file application and discretion was given to the learned Chief Judicial Magistrate to hear the matter and if necessary he can go to the extent of cancellation of bail and this observation was made by learned Sessions Judge, East Singhbhum, Jamshedpur in order dated 17.01.2011 passed in A.B.P. No. 677/2010. Since the petitioner has violated the terms and conditions imposed on him under Section 438(2) Cr.P.C., the learned Chief Judicial Magistrate, Jamshedpur has rightly cancelled the bail in view of the observations and direction given by the learned Sessions Judge in the order dated 17.01.2011 passed in A.B.P. No. 677 of 2010. Last but not the least, it is submitted that liberty may be granted to the respondents to raise their grievance before appropriate forum if this Court thinks fit to consider the order passed by learned Chief Judicial Magistrate is without jurisdiction.
(3.) I have gone through the petition and the orders impugned. Learned Chief Judicial Magistrate has no jurisdiction to cancel the bail granted u/s 438 Cr.P.C. and Section 439(2) Cr.P.C. gives jurisdiction to the Sessions Judge or the High Court to cancel the bail. I do not agree with the view if the conditions imposed by the learned Sessions Judge while granting bail under Section 438(2) Cr.P.C. and if the conditions are not complied with, the Chief Judicial Magistrate has jurisdiction to cancel the bail. The appropriate Forum is Court of learned Sessions Judge or the High Court.;