NAIMAD RAM Vs. KISHEN

JUDGEMENT

(1.) THE accused Kishen, Shivdayal, Shanti and Lehru were arrested by the Police on the 28th of September, 1949, under section 302, Penal Code, upon a complaint of Naimad Ram which was lodged at the Police Station Bayana at 6 a. m. the same day. It was alleged that Todar-mal, a refugee, was stabbed at 1 a. m. on the 28th of September, 1949 in his own house. THE Police investigated the case and submitted an incomplete challan to the Sub divisional Magistrate, Bayana, on the 14th of October, 1949. THE Magistrate ordered the Police to produce the accused before him and the accused were accordingly produced on the 17th of October, 1949, in his court. THE accused demanded bail but it was refused and under section 344 Cr. P. C. the accused were remanded to the judicial lock up and the Police was directed to complete the investigation in the case. On the 31st of October, 1949, the Police again applied for time to complete the investigation. THE Magistrate thereupon granted bail to the accused on the ground that the Police had failed to make any progress in the investigation of the case. THE District Magistrate has now made this reference on the ground that the order of the Sub divisional Magistrate, Bayana, granting bail to the accused under section 497 Cr. P. C. in a murder case was illegal and should be set aside.

(2.) THE Government Advocate has supported the reference and Mr. Agrawal who appeared on behalf of the accused has argued that as the Police failed to produce any evidence before the Sub divisional Magistrate there was no alternative left to him except to admit the accused to bail. He has cited a case reported in A. I. R. 1915 Nag. 28 (2) in which it is laid down "where after one remand the accused is again brought up some direct evidence of the guilt of the accused should be required to justify the refusal of bail and with each remand the necessity for producing such evidence increases. " THE decision in this case is based on the authority of the decision in Ponnusami Cheiti V. Queen, 6 Mad. 69.