JUDGEMENT

1. This is an application under Section 437 of the Code of Criminal Procedure, 1973, for admitting the petitioner to bail. The petitioner was taken into custody by the police between 10.30 P.M. and 11.00 P.M. on 29-6-1974 in connection with Salepur P.S. Case No. 67 of 1974 under Section 395/412 of the Indian Penal Code. He was produced before the Sub-divisional judicial Magistrate in the afternoon of 1st of July, 1974. His application for bail was rejected and the learned Magistrate directed him to be remanded to custody. He moved the learned Sessions Judge for grant of bail and the said application came to be disposed of by the Chief Judicial Magistrate of Cuttack, who rejected the same. This Court has, therefore, been moved for admitting the petitioner to bail.

2. During the pendency of this application, a detailed affidavit was filed wherein it was pleaded that the petitioner had not been produced before the Magistrate as required under Section 57 of the Code of Criminal Procedure within 24 hours from the time of his being taken into custody and in the said affidavit several allegations were made making imputations against the local police. When this application was list