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1975 Supreme(All) 2

K.N.SETH
SOBARAN SINGH – Appellant
Versus
STATE OF U P – Respondent


K. N. SETH, J.

The only question involved in this revision is whether the order of the Magistrate cancelling the bail granted to the applicants was legally justified.

The applicants, along with Birbal, were charged with offences punishable under Section 302/394, I. P. C. As the charge-sheet against them had not been submitted within 60 days of their arrest, they applied to the learned Magistrate for enlarging them on bail. The learned Magistrate, in exercise of his powers under Section 167 of the Criminal Procedure Code, directed the applicants to be en larged on bail. Thereafter the committal proceedings started. The learned Magistrate by his order dated November 22, 1974 directed that the accused persons be committed to the court of Sessions. By the same order, he directed that the bail granted to Sobaran Singh and Devendra Singh under Section 167. Cr. P. C. be cancelled.

The applicants were directed to be released on bail only on the ground that the charge-sheet had not been submitted within 60 days of their being taken into custody. At that stage the case on merits had not been looked into by the learned Magistrate. In committal proceedings the Magistrate arrived at the conclus







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