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1982 Supreme(All) 763

S.ZAHEER HASAN, T.S.MISRA, D.N.JHA
SUNDER LAL – Appellant
Versus
STATE – Respondent


JUDGEMENT

D. N. Jha, J. :- The applicant Sunder Lal moved an application in this court for being released on bail. The sole question on which the learned counsel pressed the application was that the detention of the applicant in jail after commitment was illegal as at the time of commitment the warrant issued for purposes of detention of the applicant was for an indefinite period and rendered the detention of the applicant illegal. The learned single Judge after considering the various authorities and the law interpreted in Rajendra Gosain v. Suptd., District Jail, Gonda (1981 Cri LJ 802) (All) was of the view that Rajendra Gosain's case required reconsideration. He then referred this case for decision by a Full Bench. The learned single Judge in order to avid delay and expedite the disposal of the bail application referred the whole case for consideration by the Bench.

2. The facts of the case briefly stated are that a report was lodged by one Sant Ram on 13-5-1981 at 6.45 A.M. against five persons including the applicant Sunder Lal. The Investigating Officer after completing the investigation submitted charge-sheet. The learned Judicial Magistrate by his order dated 8-3-1982 commit







































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