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1959 Supreme(AP) 25

JAGMOHAN REDDY, P.CHANDRA REDDY
Public Prosecutor, A. P. – Appellant
Versus
G. Manikya Rao – Respondent


CHANDRA REDDY, J.

( 1 ) THIS application for cancellation of the Bail granted to the respondent by the Sessions Court, Nalgonda, raises an important and interesting question as to the power of the High Court to grant bail to a person, who was not arrested on any charge of non-bailable offence, or for whose apprehension a warrant has not been issued or who has not surrendered himself in Court but merely apprehends that he might be arrested.

( 2 ) THE respondent, along with nine others, was charge-sheeted under Section 302, I. P. C. , for having beaten to death one Raj Narsi Reddi on 9-10-1958. No warrant was issued for the arrest of the respondent notwithstanding the filing of a provisional charge-sheet. Meanwhile, the wife of the respondent moved the munsif-Magistrate, Suryapet, to enlarge him on bail alleging that he was sick. This was dismissed by the Magistrate as he thought that the accused was not so seriously sick as to be unable to attend Court. Shortly thereafter, an application was filed before the Sessions Judge for the same relief on the same grounds with this addition that the Police were after the respondent. The Sessions Judge directed the release of the respondent ov















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