LALLOO Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS is an application for grant of bail.

(2.) NINE persons including the applicants have been arrested for offences under section 396/397/307 and 149 of the Indian Penal Code, in connection with a dacoity which took place at the house of Bhagirath of village Bakai, police -station Bijadandi during the night proceeding 1 -7 -1976. As the police failed to file a challan within 60 days, the applicants were released on bail under section (2) of section 167 of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code of 1973'). The challan was subsequently filed and the case is now fixed by the trial Magistrate for passing the commital order on 27 -11 -1976. The Magistrate has expressed his intention to arrest the applicants and commit them to jail custody because in his view the applicants are no longer entitled to remain on bail. Being aggrieved there by the applicants have come up before this Court for grant of anticipatory bail in case the applicants are re -arrested under the orders of the Magistrate.

(3.) AN answer to the quest ion posed by Shri Rai, depends on a proper construction of the proviso to sub -section (2) of section 167 of the Code of 1973 in the light of other provisions of the Code of 1973. It necessary to examine the language of the aforesaid sub -section the purpose. Sub section (2) of section 167 reads as under.