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1997 Supreme(All) 465

KUNDAN SINGH
BUDDHA SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Lalji Yadav

KUNDAN SINGH, J.


( 1 ) THE first bail application bearing No. 7687 of 1996 was rejected on 3-7-1996 on merits.

( 2 ) THIS is second bail application on the additional ground that the I Addl. Sessions Judge, Kanpur Dehat, before whom Sessions Trial No. 91 of 1996 is pending, has not passed legal or proper remand order under Section 309, Cr. P. C. The learned counsel for the applicant relied on a Division Bench case of Lucknow Bench, Vashist Muni v. Superintendent, District Jail, Faizabad reported in 1993. Lucknow LJ 165. I considered the contention of the counsel for the applicant it is noticed that subsequently the Division Bench of this Court in the case of Veerendra Singh v. Superintendent District Jail, Faizabad reported in 1995 JIC (sic) : (1995 All LJ 1542) considered the law regarding the remand orders enunciated in the case of Vashist Muni (supra) in the following words :"4. A bare perusal of the aforesaid clause (b) would leave no manner of doubt that the learned Magistrate could remand the petitioner to custody not only on the completing the commitment proceedings but also during the pendency of each proceedings and that such institution could be extended even until the con








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