MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In a criminal proceeding on the basis of the FIR the petitioner was arrested in may 1998. But in July 1998 when the prosecution filed the chargesheet, no chargesheet was filed against the petitioner. His name having been shown in column No.-Notwithstanding non-filing of the chargesheet against the accused he is continuing in custody and his prayer for bail having been rejected, he has approached this court. We fail to understand how after filing of chargesheet when the prosecution did not file any chargesheet against the applicant the court is keeping the applicant in custody. It is only when in course of trial some materials if at all will come the court may exercise the power under Section 319 cr. P. C. The impugned order rejecting the application for bail so far as the applicant is concerned therefore is erroneous. We accordingly quash the same and direct that the applicant Madan Lal be released on bail forthwith to the satisfaction of Chief Judicial Magistrate, ludhiana. The petition is disposed of accordingly.