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1977 Supreme(All) 371

J.L.SINHA
SAYEED AHMED – Appellant
Versus
STATE – Respondent


J. M. L. SINHA, J.

This is a third application for bail moved by Sri Virendra Saran, Advocate on behalf of Sayeed Ahmad. Learned counsel for the applicant has not argued the appli cation on merits of the case, but has placed reliance on some technical defects which, according to him, persist in the detention of the applicant in jail. Since the learned counsel has not argued this application on merits of the case, it is not necessary for me to make any reference to the facts thereof.

Learned counsel for the applicant pointed out that the applicant was committed to the court of sessions on 7. 5. 1977 and thereafter the case is pending in the court of the Second additional District and Sessions Judge, Muzaffarnagar. Learned counsel con tended that at no stage of the case any legal warrant was issued authorising the detention of applicant in jail and, consequently, the applicant is entitled to bail.

It was not disputed before me that the applicant has been committed to the court of Sessions and the case is at present pending in the court of the Second Additional District and Sessions Judge. It was also conceded on behalf of the State that the present detention of the applicant in jail































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