Ahmed Ali Sardar And Others Accused-Petitioners (In Jall) v. Emperor Opposite Party.

1. It appears that certain proceedings were taken against the petitioners under section 110 of the Code and an order against the petitioners was made under section 118, as the petitioners were unable to hirnsh the securities demanded. The proceedings were then laid before the Sessions Judge of Tippreah fcr orders under section 123. The petitioners urge that, pending the hearing of the Reference under section 123, sub-section (2), they should be admitted to bail. The Sessions Judge was of opinion that, having regard to the provisions of section 123, sub-section (2), he had no power to admit the petitioners to bail.

2. Now, the previsions of section 498, Criminal Procedure Code, regarding admission to bail are particularly wide ana it is point ed out in the section itself that a Court of Session may in any case direct any person to be admitted to bail. There are no words in section 123, sub-section (2), controlling the very wi???e provisions of section 498. If a person has been convicted and has appealed, be can apply for bail to the Ses sions Judge, In the present case as an order has been made under section 118 against the petitioners, such an order is liable, in the circumstances stated, to be revised by the Sessions Judge under the previsions of section 123, sub-section (2). In other words, the Sessions Judge may or may not confirm the order passed by the Magistrate under section 118 and it stands to reason that if in the case of a person who is convicted and who has preferred an appeal, bail is allowable, bail can similarly be allowed in the case of a person against whom an order has been made under section 118 and which, order is liable to be revised by a Ses sions Judge under the provisions of section 123, sub-section (2). At any rate, in our opinion, there is no reason why any restriction should be placed upon the wide provisions of section 498. In this view of the matter, we think the Sessions Judge haa power to admit the petitioners to bail and we accordingly send the matter back to the learned Sessions Judge in order that he may deal with the matter of the application for bail in the light of the re marks made above.

3. Case sent back.