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1976 Supreme(All) 16

H.N.KAPOOR
Prem Charan – Appellant
Versus
State of Uttar Pradesh – Respondent


H. N. KAPOOR, J.

( 1 ) THESE two connected revisions are directed against the orders dated 13-9-1975 and 26-9-1975 passed by the Sessions Judge of Bareilly ordering that the applicant Prem Charan, Lekhraj and Ram Autar (Bail Application No. 1550 Of 1975) end applicant Ram Swarup (Bail Application No. 1710 of 1975) be released on bail merely on the technical ground that the charge sheets under Section 302/ 201, I. P. C. had not been submitted within sixty days as provided under Section 167 (2), Cr. P. C. The learned Sessions Judge made it clear that bail was also allowed on this technical ground only and he further observed that the Magistrate shall take proper action in the light of the observation of the Honble Court at the stage of committal. Reference was made to the High Court Division Bench decision in the case of Laxmi Brahman v. State (1975) 1 All LR 439 : 1975 All WC 369 : 1976 Cri LJ 118. The applicants were aggrieved by this direction given by the Sessions Judge and so filed these revisions.

( 2 ) LEARNED Counsel for the applicants has raised two contentions in these cases. Firstly, he has argued that the detention of the accused is illegal after the expiry of sixty days






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