JAGDEV DASS Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. The short point in this revision is whether the mandatory provisions of law have been observed while rejecting prayer for bail on 25-8-1994. It has been submitted that the date of surrender was 12-5-1994 and the charge-sheet was registered on 10-8-1994. The learned Magistrate did not consider the date of surrender as the first date of detention. The said matter was settled by a decision of this Court that each day of detention should be considered. It that view charge-sheet has been submitted at 91 days and the accused are entitled to get benefit under Section 167 (2), Cr. P. C.

(2.) THE revision is allowed. Since the mandatory provisions of law have not been observed, therefore, let accused revisionist Jagdev Dass be released on bail in case Crime No. 155 of 1994, under Sections 498-A, 304 and 201, I. P. C. and Section 3/4 oi Dowry Prohibition Act, police-station Jahangirabad, district Bulandshahr to the satisfaction of the learned Chief Judicial Magis trate, Bulandshahr. Revision allowed. .