ANJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) ARGUMENTS heard. This is an application under Section 439 of the Code of Criminal Procedure (for short 'the Code') in respect of Crime No. 283/07 registered at P. S. Amiliya, distt. Sidhi for the offence punishable under Section 364-A of the IPC. The applicants were formally arrested in this case on 29. 01. 2008 at District Jail, Satna where they were detained in connection with Crime No. 17/2008 registered at p. S. Nayagaon Distt, Satna for the offences punishable under Sections 147, 148, 307 and 353 read with S. 149 of the IPC, Sections 25 and 27 of the Arms Act and section 13 read with S. 11 of the M. P. Dakaiti and Vyapharan Prabhavit Kshetra adhiniyam, 1981.

(2.) THE allegations against the applicants may be summarized as under :-

(3.) LEARNED counsel for the applicants has contended that they are entitled to compulsive bail in the wake of proviso to sub-Section (2) of Section 167 of the code (hereinafter referred to as 'the proviso'), as after their arrest, though formal, the matter was not investigated into within the permissible period.