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1986 Supreme(MP) 239

B.M.LAL
MUNNA ALIAS KAMTA PRASAD – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
HIRA SINGH CHAUHAN, RAMESH KUMAR, S.C.DUTT, SURENDRA SINGH, U.K.Sharma

B. M. LAL, J.

( 1 ) THIS order shall also govern the disposal of Misc. Criminal Case No. 2700 of 86 (Bhagwandas v. State of Madhya Pradesh) and Misc. Criminal Case No. 2172 of 86 (Nankun and another v. State of Madhya Pradesh ).

( 2 ) BY these petitions under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) the applicants accused are seeking their release on bail.

( 3 ) THESE bail petitions involve important questions of law of general public importance as to whether the provision of Sections 167, 209, 215, to 235, 309 and 317 of the Code ensure speedy trial and in failure to conclude trial speedily within a reasonable time, does Article 21 of the Constitution of India, extend protection to under-trial prisoner in granting benefit of bail during trial.

( 4 ) THE material facts of these three bail petitions are as under:

(a) In Misc. Criminal Case No. 2073 of 86 the applicants were arrested on 28-7-1985 for the alleged offence punishable under Section 302/24. I. P. C. but more than a year has passed, the trial has not been completed as yet.

(b) Similarly, in Misc. Criminal Case No. 21n of 1986 the applicants were arrested on 12-9- 1985 under S


































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