IKRAM Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri Raghuraj Kishore, learned Counsel for the ap plicants and the learned A. G. A.

(2.) THE applicants were arrested by the police of police station Lal Kurti, district Meerut on 6-2-2000 in Case Crime No. 62/2000 under Section 302/201,1. P. C THE last remand of the applicants was sought on 11-4-2000 under Section 167, Cr. P. C. THEreafter no charge-sheet was submitted within ninety days and the applicants applied for bail. On that application, a report was called for from the police station con cerned. THE police reported that the inves tigation of this case has been transferred on 15-3-2000 to Rajasthan State and no investigation is pending at the police station. On the basis of this report, the learned Chief Judicial Magistrate rejected the application for bail on the ground that he has no jurisdiction to grant the bail as investigation has been transferred to another State.

(3.) IN the circumstance, the revision is finally disposed of with the direction of the learned Chief Judicial Magistrate to release the applicant on bail on their furnishing bail bonds to satisfaction. He will also institute proper enquiry against the defaulting police officers asking them as to why the remand was sought on 11-4-2000 though the investigation was trans ferred to Rajasthan State on 15-3-2000 and shall pass proper orders. Revision disposed of. .