RAGHAVENDRA SINGH HAZARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an application for grant of bail by one of the accused persons who has been arrested by the police Gaisabad for the offences under sections 302, 307, 297/397, 324, 323 and 338 all read with sections 149, 147, 148 and 506 of the Indian Penal Code.

(2.) AT the outset it may be mentioned that the learned counsel for the accused-applicant made it clear that he was not arguing the application on merits regarding the allegation of the offences against the accused applicant and confined his argument only to the legal contention as shall be indicated hereinafter.

(3.) THE learned counsel for the applicant submitted that the accused-applicant was arrested by the police on 18-7-1978; on 3-8-1978, an application for bail was filed on behalf of the applicant which was rejected on the ground that investigation was on; on 16-8-1978 an incomplete challan was filed by the police in the Court of the Chief Judicial Magistrate, Damoh; whereafter another application for bail was filed in the Court of Session at damoh which has been rejected by that Court vide its order dated 28-8-1978 in bail application case No. 220 of 1978 on the ground that the challan was incomplete. He further submitted that after 7-9-1978, when this Court ordered for the calling of the record of the Court of the Chief Judicial Magistrate, as was requested by the counsel for parties, for the hearing of the application which was filed on 31-8-1978, the Chief Judicial Magistrate has committed the case to the Court of Session on the basis of the incomplete challan that was filed on 16-8-1978 on an application being made by the prosecution that no further investigation is to be carried by it except that the reports of the Chemical Examiner and Serologist, as already stated in the challan dated 16-8-1978, are to be received.