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2004 Supreme(Raj) 916

KRISHAN KUMAR ACHARYA
State of Rajasthan – Appellant
Versus
Mangilal – Respondent


Advocates Appeared:
Mr. O.P. Rathi, Public Prosecutor.
Mr. Sandeep Mehta, for the Respondent.

Judgment

Krishan Kumar, J.-This revision petition has been filed against the order dated 20.10.1993 passed by Special Judge, NDPS Act Cases, Bhilwara, granting bail to the accused-respondent under Section 167 (2), CrPC.

2. The accused respondent-Mangilal was arrested on 08.07.1993 and charge-sheet against him was filed on 110.1993 i.e. after 104 days. Learned Special Judge after hearing both the parties has granted bail to the accused-respondent.

3. Learned Public Prosecutor stated that learned Special Judge had not considered the Judgment of this Court in Harendra @ Hari Singh vs. State of Raj., reported in 1993 CLR 417 (Raj) and relied upon the Judgment of this Court in Kasva vs. State of Raj., reported in 1991 RCC 438. He has also argued that the charge-sheet was filed on 110.1993 and accused was released on bail after filing of the charge-sheet. Learned Public Prosecutor has placed reliance upon the Judgment rendered by Hon’ ble Supreme Court in Dr. Bipin Shantilal Panchal vs. State of Gujarat, reported in 1996 Cr LJ 1652 = 1996 (1) SCC 718, and has argued that in view of the aforesaid decisions of Hon’ble Supreme Court, the order passed by Special Judge deserves to be set asid
















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