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1951 Supreme(All) 87

MISRA, KIDWAI
BACHCHU LAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
J.S.TRIVEDI, M.H.Faraorki, MUSTAFA ALI

MISRA, J.

( 1 ) THIS is a bail application in case of triple murder. The petitioners Bachchu Lal and his servant debi Dayal along with thirty others were sent up by the Kamlapur police and the case is at present pending inquiry in the Court of a Judicial Magistrate, Sitapur, under Chap. XVIII, criminal P. C. The prosecution witnesses have been examined and the remaining formalities have still to be gone through.

( 2 ) THE applicants were, we understand, not named in the first information report or during the course of the police investigation. This was presumably because their identity was not known to the complainant and the prosecution witnesses. They were arrested in the third week of september, 1950, and identified at a jail parade held in the District Jail, Sitapur, on 10-10-1950. Out of eighteen witnesses who were seat up nine spotted Bachchu Lal and three pointed to Debi dayal. Both these persons moved the learned Sessions Judge Sitapur, for bail. The offence which the petitioners were alleged to have committed were punishable with death or transportation for life and Section 497, Criminal P. C. , therefore, did not apply. The Court acting under Section 498, Criminal P. C. a







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