SUBE TUNDE KACHI Vs. STATE

JUDGEMENT

(1.) THIS is petitioner's application under Section 498 of the Criminal Procedure Code.

(2.) THE circumstances under which this application is being given are that the petitioner was arrested in a case under Section 302 I. P. C. and after his arrest, an application was moved before the Special Judge, Bhind, who rejected it by his order dated 22 -2 -62, on the ground that since the investigation had not been completed he would not consider it. Later on, after the completion of the investigation and the Challan, another application for bail was presented and the learned Sessions Judge, Bhind rejected it on the ground that unless the statements of the eye -witnesses were on the record he would not consider the question of bail. Now the petitioner has filed this application for bail.

(3.) REGARDING the rejection of second application, it is enough to say that at the time of consideration of bail application, it is usually the Police papers that a Court has to study, and, come to some conclusion one way or the other. If after perusing the Police record, the Special Judge thought that the accused should not be admitted to bail, he should have rejected the application at once. But he does not appear to have seen the Police record at all.