MUNNA SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In Criminal Miscellaneous case No. 14 of 1989, Munna Singh Tomar v. The State of M.P., the learned single Judge, R.C. Lahoti, J., referred two questions of law for determination by a Division Bench, Hon'ble the Chief Justice has constituted a Division Bench for answering the questions which are as follows :-

(2.) The context is as follows : Applicant Munna Singh Tomar filed a bail application under S.439, Cr. P.C. in the High Court on 19-12-1988. The case was listed before Dr. T.N. Singh, J., sitting as the Winter Vacation Judge on 20-12-1988. The applicant's counsel Shri J.P. Gupta appeared for him before the learned Vacation Judge. After recording the presence of counsel the order-sheet runs as follows :

(3.) On 4-1-1989 applicant Munnasingh Tomar filed the second bail application under S.439, Cr. P.C. in the High Court referring to the first bail application and the first bail order.