RAHUL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the order passed by the judicial magistrate First Class, Gwalior dismissing the revision petitioner's application for release on bail under Section 167(2) Code of Criminal Procedure 1973 (for short the Code).

(2.) The Petitioner and others are accused in a case involving offences under Sections 147, 148, 302 read with Section 149 and other offences under the Indian Penal Code arising out of the incident which took place on 8-2-1993. The petitioner was arrested on 11-8-1993 and duly produced before the Magistrate who remanded him to judicial custody for 15 days. The charge-sheet was filed on 20-10-1993.

(3.) On 13-12-1993, the petitioner filed an application seeking bail under Section 167(2) of the Code on the ground that on 25-8-1993, 8-9-1993, 22-9-1993 and 6-10-1993, he had not been produced before the Magistrate and no valid order of remand had been passed, the copies of challan papers were supplied to him only on 14-12-1993 beyond the period stipulated for filing charge-sheet and, therefore, the detention is illegal. Learned Magistrate dismissed the petition, hence this revision.