JAGAN NATH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) SHRI V. D. Upadhyaya, Counsel for the applicant and Shri m. N. Pendharkar, learned Panel Lawyer, for the State, are heard on the question of grant of bail.

(2.) ONE of the grounds on which the bail application has been rejected is that the investigation is not yet complete. Rejection of bail application on this ground is illegal, in view of the Supreme Court pronouncement made in state of Maharashtra v. Nainamal Punjali Shan and another (1970 SCC (Cr.) 170 ). The following observations have been made by their Lordships in the case of State of Maharashtra (supra) :-

(3.) IT is not shown in what manner keeping the applicant in Police custody/or judicial custody will be necessary. So far as identification is concerned, the second proviso to section 437 (1) Criminal Procedure Code lays down that that consideration cannot be a relevant consideration for refusal of bail.