STATE OF MAHARASHTRA Vs. EKNATH S O LAXMAN TALEKAR

JUDGEMENT

(1.) This is an application by the State to set aside the order of the learned Sessions Judge, Aurangabad in Criminal Revision Application No. 16 of 1976 whereby the learned Judge allowed the revision application and released the respondents-accused on bail on each of them furnishing security of Rs. 5000/- and the P.R. for the like amount.

(2.) The facts giving rise to this application which are not in dispute are briefly these. It appears that on or about October 16, 1975 one Gulam Rabbani was murdered. Information about the same was given by Ajiz Shah to the Police Station at Bhokardan on October 16, 1975. The respondents-accused were arrested in connection with the investigation of that case on the 17th and 18th November, 1975 and they were taken into custody. On February 2, 1976, the respondents-accused made an application to the learned Magistrate to release them on bail by relying on the provisions of section 167 of the Code of Criminal Procedure, 1973. The learned Magistrate did not pass any order thereon but subsequently the police having filed what they called a provisional chargesheet, the learned Magistrate rejected the application for bail.

(3.) The propriety of the said order was challenged by the respondent-accused by filing a revision application. The learned Sessions Judge relying on the provisions of section 167 of the Code of Criminal Procedure, 1973, allowed the revision application and granted the application of the accused for being released on bail.