JUDGEMENT
Shivaraj V. Patil, J. -
(1.) Leave granted.
(2.) Heard the learned counsel for the parties.
(3.) The appellant was arrested along with two other co-accused persons by the police of Police Station, Sadar Karnal, on 7-5-1999 at the check-post in front of police post, Ramba (Karnal), alleging that when a maruti car was checked, a dead boby was in the back seat. The appellant was brought to police station and Frist Information Report No. 231/99 under Sections 302, 201, 34 and 120-B, IPC was registered. The Investigating Officer produced the appellant along with other two co-accused persons in the Court of ACJM, Karnal and requested for police remand, which was granted for five days on 8-5-1999. The appellant was brought to Delhi along with the co-accused on 12-5-1999. It is alleged that they pointed out the place of incident - House No. D-846, New Friends Colony, New Delhi; the Investigating Officer of police station, Sadar Karnal, approached Delhi Police with the letter of Superintendent of Police for registering another FIR as the murder and criminal conspiracy are alleged to have occurred within the jurisdiction of Police Station, New Friends Colony, New Delhi. Accordingly FIR No. 479/99 was registered in Police Station, New Friends Colony, New Delhi. Since 90 days were over and charge-sheet had not been filed, a petition was filed under Section 167(2) of the Cr.P.C. in the Court of ACJM, Karnal, for releasing on bail. He was ordered to be released on bail on 6-8-1999. On 7-8-1999, instead of releasing the appellant and other co-accused from Karnal Jail, they were handed over to Delhi Police. The appellant was produced before the learned Magistrate, New Delhi. He was remanded along with other two co-accused persons to judicial custody in Tihar Jail. A petition filed for grant of bail under Section 167(2) of the Cr.P.C. by the appellant was rejected by the learned Magistrate, New Delhi on 1-9-1999. Further, the bail application filed by the appellant in the Court of Addl. Sessions Judge, New Delhi, under Section 167(2) of the Cr.P.C. was also rejected. Thereafter, the appellant filed Criminal Misc. (Main) No. 3296/99 under Section 167(2) of the Cr.P.C. for grant of bail before the High Court. The same also was dismissed. Hence, this appeal.;
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