STATE OF MAHARASHTRA Vs. SUDHAKAR S O ANNAJI JADHAV

JUDGEMENT

(1.) This application in revision by the State is directed against an order dated 21st November, 1975 passed by the Additional Session Judge, Aurangabad, releasing the opponent Sudhakar Annaji Jadhav on bail. It is prayed that the said order be set aside and the opponent committed to custody.

(2.) The opponent Sudhakar and his brother Baburao are standing trial before the Judicial Magistrate, First Class, Aurangabad, for offences punishable under Rule 43(1)(a) read with sub-rule (5) and Rule (1)(b) read with sub-rule (5) of the Defence of India Rule, 1971, hereinafter referred to as "the Rules". It is alleged that when the house of Sudhakar and Baburao was searched on 4th September, 1975, a pamphlet called. "Lok Sangharsh Varta Patra" was found in the house and that pamphlet contained material likely to bring into hatred or excite dissatisfaction towards the Government established by law in India.

(3.) The opponent moved the learned trial Magistrate for bail, who rejected that application by his order dated 13th October, 1975. Thereafter, the opponent preferred an application for bail in the Sessions Court, Aurangabad. Rule 184 contains a special provision regarding bail and it is in these words :---