SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1983 Supreme(All) 228

R.B.LAL
MUSHTAQUE AHMED – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Kamal Krishna, ZAINNUL ABDIH

R. B. LAL, J.

( 1 ) THIS is second bail application on behalf of Mushtaq Ahmed against whom there is a case under sections 302/307/ 324 I. P. C. from P. S. Shahganj, Allahabad. This bail application has been moved on technical grounds. The first bail application of this applicant was rejected by this Court on merits on 4-7-1983.

( 2 ) THE complainant opposite party has put in appearance through a counsel and has opposed the bail application.

( 3 ) THE first contention of the learned counsel for the applicant is that the Chief Judicial Magistrate had passed a committal order against the applicant on 16-4-1983 without complying with the mandatory provisions of Section 207, Cr. P. C. inasmuch as he had not supplied copies of all the relevant documents to the applicant and, therefore, the committal order was illegal and the order remanding the applicant to judicial custody in pursuance of that committal order also became illegal. Because the custody of the applicant was illegal, he was entitled to be released on bail.


( 4 ) THE learned counsel has urged that in the decision State of U. P. v. Laxmi Braloman1, the Supreme Court had clearly laid down that the provisions of Section 207 Cr.














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top