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2013 Supreme(All) 2060

VISHNU CHANDRA GUPTA
Chandra Dev Ram Yadav and Another – Appellant
Versus
State of U. P, and Another – Respondent


Advocates:
Counsel for the Applicants : Kapil Misra , Satyendra Kumar Singh.
Counsel for the Opposite Party : A.G.A.

Vishnu Chandra Gupta, J.;—

1.By means of this petition under section 482 of Criminal Procedure Code (for short 'Cr.P.C.') petitioners have prayed for quashing the order dated 16.02.2013 passed by learned in-charge District & Sessions Judge/Additional Sessions Judge, Court No.1 Lucknow relating to case Crime 64 of 2012, under Sections 409, 420, 467, 468, 471, 204, 301, 174A, 120B IPC and 7/13(1)d r/w 13(2) of Prevention of Corruption Act, Police Station Hussainganj, District Lucknow remanding the petitioners/accused persons in the police custody from 9AM of 17th Feb, 2013 to 9.00 AM of 18th Feb 2013.

2.The brief facts for deciding the case are that both the petitioners were accused in the above mentioned case and they surrendered before the court for the first time on 10.01.2013 and moved application for their bail before the court concerned. The Court keeping in view the judgement rendered by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P.). 2009 (3) ADJ 322 (SC) released the petitioners on interim bail because the bail could not be disposed of on that day. The court fixed 19.01.2013 for hearing of the regular bail. On 19.01.2013 the petitioner again surrendered but th

























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