- (1.) K. Narayan, J. This is a second bail application by one Mukesh said to be involved in case crime No. 127 of 1992, under Sections 302 and 307, I. P. C. P. S. Jansath, district Muzaffar Nagar.
(2.) THE first bail application was rejected long time back on 21-5-1993. Now the bail has been desired primarily in the light of the order sheet, a copy of which is Annexures II and IV to the present petition. THE matters have also been reiterated in brief in para 8 of the affidavit filed in support of the bail application. According to the A. G. A. these allegations have not been controverted and have been left over as not commented. For the purpose of convenience I would like to reproduce them here: "that on 4-12-1992, the accused/applicant was not sent from jail and 18-12-1992 was fixed on 18-12- 1992, again the applicant was not sent from jail then 1-1-1993, then 20-1-1993, then 3-4-1993, then 17- 4-1993, then 26-6-1993, then 7-9-1993, then 23-11-1993, then 16-2-1994, then 26-5-1994, fixed. It would be pertinent to mention at this stage that the applicant was never sent before the court from jail nor he was ever produced before the Magistrate by the Police. Hence obviously there was no any remand order of the applicant and he has been running in illegal detention since 4-12-1992. THE true copy of the certified copy of the order sheet of Case No. 7600 of 1992 pending in the court of Additional Chief Judicial Magistrate IIIrd, Muzaffar nagar from 14-9-1992 to 7-9-1993 is being tiled herewith and is marked as Annexure 2 to this affidavit. " In view of the above situation, it is evident that the Magistrate has been most negligence in the matter of liberty of this accused. He was not caring whether the accused was being produced in the matter and whether the remand was for 14 days or not. The accused is only an accused and not a convict to be left at the mercy of the police officials. The District Judge Muzaffar nagar is directed to examine the matter in detail and to note this con duct of the Magistrate concerned in his annual observations. In the circumstances, the applicant shall be admitted to bail on his furnishing two sureties and a personal bond in the like amount to the satisfac tion of the C. J. M. concerned, in the matter of case Crime No. 127 of 1992, under Sections 302 and 307, I. P. C. , P. S. Jansath, district Muzaiffar nagar. Bail granted. .;