DASHRATH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants seek to challenge the order canceling their bail by the Magistrate.

(2.) THE facts briefly stated leading to this application are these: -

(3.) THE effect of proviso to sub -section (2) of section 167 Code of Criminal Procedure would be that the Magistrate would be required to release an accused on bail if he in prepased to and does furnish bail when sixty days have eapsed after the arrest of the accused and the challan could not be filed. Every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter. It would undoubtedly appear from the language of the section that all provisions of bail contained in Chapter XXXIII have then to be fully applied.