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1989 Supreme(P&H) 650

S.S.GREWAL
Sahab Khan – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.Grewal, J.

1. Second bail application for grant of bail on behalf of petitioners Sahab Khan and Hanif has mainly been pressed on the ground that the investigating agency has not submitted the complete challan in the committing Court, in as much as the report of the Director, Forensic Science Laboratory has not been submitted by the prosecution along with the challan, and this aspect of the case would entitle the petitioners to be released on bail as contemplated under Section 167

(2) of the Code of Criminal Procedure in support of this contention, as many as four authorities have been cited by the counsel for the petitioners, which may be noticed as under : (i) Bandi Kotayya v. State (S.H.O. Nandigama) and others, 1966 Crl. LJ. 1377;

(ii) T.V. Sarma v. Smt. Turgakamala and others, 1976 Crl. L.J. 1247

(iii) Vijay Kumar and others v. State, 1982(2) C.L.R. 524; and

(iv) Raghubir Singh and others v. Simranjit Singh Mann, AIR 1987 SC, 149.

2. In Bandi Kotyyas case (supra) merely a preliminary charge sheet had been filed and in that situation, it was hold as under :

A preliminary charge-sheet is no doubt a police report, but the Magistrate holding inquiry under Section 207-A,






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