KEDAR Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail Under Section 439 of the Code of Criminal Procedure.

(2.) SRI Virendra Saran, who has argued this bail application, has not said anything touching the merits of the case in order to canvass for bail. His argument was that the detention of the applicant has all along been unlawful and consequently, the applicant should be released on bail. In order to appreciate the contention raised by Sri Virendra Saran, it will be necessary to mention a few dates.

(3.) THE applicant surrendered himself in the court of the Munsif Magistrate, Budaun on 10th of January, 1976. The Magistrate took him into custody and sent him to jail. On 24th of January, 1976, the investigating officer applied for, and was granted, fourteen days remand. On 6-2-1976 the investigating officer obtained a further remand of fourteen days. A charge-sheet was submitted on 20th of February, 1976, and on 7th of April, 1976, the applicant was committed to the Court of Session. Sometime during the pendency of the case in the court of the First Additional Sessions Judge, Budaun, the applicant was released on parole. On the expiry of the period of parole, he surrendered himself in the Court of the Additional Sessions Judge on 9th of October, 1976, on which date he was remanded to jail custody by a warrant signed by the Additional Sessions Judge.