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1994 Supreme(Bom) 583

M.S.RANE
Bholenath J. Dhamankar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Rajendra Shirodkar, for Applicants; S. B. Patil, A. P. P., for State. D. G. Paranjape, on behalf of P. P., of Sessions Court.

JUDGMENT :- Certain points and issues, involving and concerning power and procedure or rather practice followed and prevailant by and or in the Courts of Magistrates (including J. M. F. C. as also Metropolitan Magistrates in Metropolitan Cities) with regard to passing orders for remand, of the accused involved in the offences, exclusively triable by the Sessions Court, till the passing of the order of committal of such cases by them (i. e. by Magistrates) to the Sessions Court, are raised and canvassed in these groups of applications before this Court in the light and context of provisions of Sections 167(2), 173(3), 207, 208, 209 and 309(2) of Code of Criminal Procedure, 1973 (Hereinafter "The Cr PC." in brief.)

2. The applicants, involved in various offences exclusively triable by the Sessions Courts and who have been earlier denied bail, on merits, by the Sessions Courts as also by this Court, who are detained as under trials in the Prisons, have sought their release on bail, inter alia on the grounds :

i) That there is a failure on the part of the learned Magistrates, before whom the applicants were initially produced for the purpose of remand under Section 167 of the Cr PC and w

























































































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