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1993 Supreme(Pat) 165

G.C.BHARUKA, B.P.SINGH
Brahamdeo Paswan – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.Singh and G.C.Bharuka JJ.

1. Heard Counsel for the parties.

2. It is unfortunate that a case in which the first information report was lodged as early as on 15-10-1972 a serious offence of murder, is still pending disposal before the trial Court. It appears that there are eight accused persons named in the report, and out of them seven surrendered before the Court below on 31st, of October, 1972. It is also apparent that the trial was not delayed on account of the eight accused absconding. The police acted with promptness and the charge-sheet was submitted on 7th of March, 1973. This was followed by an order taking cognizance of offences under Secs. 147, 148, 149 and 102 of the Indian Penal Code on the 3rd of April, 1973. The seven accused persons who had surrendered were granted bail on different dates in the year 1974. The matter remained pending and the police documents were not supplied to the accused till November 24, 1980 i. e., seven years and seven months after the order taking cognizance. We may notice that Sec. 207 of the Code of Criminal Procedure, 1973 enjoins upon the Magistrate the duty to furnish with out delay to the accused, free of cost, a copy of docu







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