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1984 Supreme(Del) 327

D.R.KHANNA, YOGESHWAR DAYAL, MALIK SHARIEF-UD-DIN
PREM CHAND – Appellant
Versus
STATE – Respondent


Advocates Appeared:
D.C.MATHUR, Gurvinder Singh, I.U.KHAN, Rajesh Harnal, Satinder Singh, T.L.GARG

D. R. KHANNA, J.

( 1 ). ON a reference being made by the single Judge for consideration of the propriety of grant of bail to an approver who has been now in detention for over two years, and whose statement has already been recorded by the Sessions Court, this matter has come before the Full Bench. The entire background has been given in the order of the single Judge, reference to which is advisable for resolving the controversy involved.

( 2 ) IT is, however, unfortunate that at the time of the hearing before the Full Bench, none appeared from the side of the State. This has been in spite of the notice having been served upon the Attorney General, since the constitutional validity of the provisions contained in S. 306 (4) (b) of the Criminal P. C. has been assailed. Appearance was made on behalf of the accused only, and they contested the release of the approver during the trial as had been done before the single Judge.

( 3 ) THE brief background is that three persons, Satinder Singh, Gurvinder Singh and Sarvjeet Singh are being tried in the Court of Session in two separate cases under Ss. 394, 397, 342 and 34 IPC. They are as a result of two bank robberies committed in the months
























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