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GULAB C.GUPTA
State of Madhya Pradesh – Appellant
Versus
Giyan Singh – Respondent


ORDER

Gulab C. Gupta, J - This is State's application u/s 4 39(2) Cr.P.C. praying that bail granted to the non-applicants is not only illegal but also wholly unjustified and hence should be revoked and they be ordered to be sent to judicial custody pending trial.

2. The non-applicants are accused of killing one Sardar Khan at a public bus stand on 6-1-1990 and were wanted by the police authorities at Saleha Dist. Panna in connection with Crime No. 3/90 under Sections 302, 120-B, 147, 148 and 149, I.P.C. They could not be arrested inspite of serious efforts by the police. Apprehending their arrest, they move an application alongwith one Daddu Singh, u/s 433, Cr. P.C. for anticipatory bail. On 16-2-1990, when the said application came ,up for hearing before the Sessions Judge, Panna, it was withdrawn by these applicants. The learned Sessions Judge granted bail to Daddu Singh. Order in so far as Daddu Singh is concerned is not under challenge. It appears that these applicants again moved the learned Session Judge for grant of anticipatory bail to them. On 20-3-1990 when the said application came up for hearing, the non-applicants appeared in the Court and stated that they be treated i

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