RAM SEWAK AND ORS Vs. STATE OF U P
LAWS(ALL)-1995-1-169
HIGH COURT OF ALLAHABAD
Decided on January 04,1995

Ram Sewak And Ors Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) This is an application for bail by Ram Sewak, Kalloo, Satish and Ghanshyam said to be involved in a case under Section 392 Indian Penal Code and 2(B), 10/12 D.A. Act registered at crime No. 107 of 1994, P.S. Kulpahad, district Hamirpur.
(2.) It appears from the copy of the \ dated 23.11.94 rendered by the Special Judge D.A.A. Act, rejecting the bail of the applicants as he had been led by the idea that the accused-applicants could not be granted bail before 180 days unless it could be concluded that there was no case made out against them. I find myself unable to agree with this impression of the learned Judge and it seems to be in disregard to the law laid already down by this Court in the case of Kamal Singh v. State of U.P.,1990 27 ACC 228. in this case, it has been specifically laid down that the Proviso to Section 10 of the D.A.A. Act does not say that bail cannot be granted within 180 days and also that on the other hand the Proviso states that after the expiry of 180 days the Court may release the accused on such conditions as it deems fit.
(3.) I need not record, as I am duty bound, to say that I am in full agreement with the above said decision of this Court. I can only add a few more impressions in support of the said conclusion referred in the above noted case.;


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