Bhagwan Singh vs State of U.P.and another

Barkat Ali Zaidi, J.—Sessions Trial No. 921 of 2008 (Crime No. 96 of 2006) under Section 302, I.PC. against the two accused is pending before Addl. Sessions Judge, Court No. 2, Etah. One accused has already been granted bail and an application for cancellation of his bail is pending in the High Court. Bail application of another accused, instead of being presented before Addl. Sessions Judge, Court No. 2, was presented before District Judge. He transferred the application to Addl. Sessions Judge, Court No. 1, who had granted bail to the other coaccused.

Heard Sri Akhilesh Srivastava, Advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

In the case, examinationinchief of P.W. 1 has already been recorded before Addl. Sessions Judge, Court No. 2. The Addl. Sessions Judge, Court No. 1 has summoned the record for disposal of bail application. This is a very anomalous situation and the compLalnant has come to this Court seeking transfer of the bail application from Addl. Sessions Judge, Court No. 2 to Addl. Sessions Judge, Court No. 1. It is settled law and practice both that in the pending cases, bail application should be heard by the Court, where the case is pending Trial.

District & Sessions Judge committed a grave error in transferring the bail application to Addl. Sessions Judge, Court No. 1, when case was being heard before Addl. Sessions Judge, Court No. 2, Etah.

Bail application No. 186 of 2008 must, therefore, go to Addl. Sessions Judge, Court No. 2, where the case is being tried.