( 1 ) THE applicant filed an application for bail on 26/8/1983 under section 439 Criminal Procedure Code. It is stated in the application that a charge sheet was submitted against the applicant on 31/1/1983 under Sections 302/1491148/147 Indian Penal Code in the Court of Munsif Magistrate III, Haldwani. The case of the applicant was committed to the Court of Sessions on 26-2-1983 under Section 209 Criminal Procedure Code and on the same day a warrant was issued by the learned Magistrate in which it was mentioned that the applicant be produced before, the Court of Sessions on 103. 1983. In the aforesaid warrant it was not mentioned that the applicant was remanded to custody during and until the conclusion of the trial.

( 2 ) IT is mentioned in the order sheet of the II Additional Sessions Judge, Nainital that on 1/3/1983 the committal order dated 26/2/1983 was received from the Court of III Additional Munsif Magistrate Haldwani along with the calender and the record of the case against the applicant and it was ordered that the case be registered and the file be put up for fixing the date of hearing in the near future. The case was again put up for orders on 16/4/1983