NATHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this reference the learned Single Judge has referred the following point for clarification by a larger bench of this Court:

(2.) NATHU Lal was accused for commission of offences under Section 302 and 498 I.P.C. He was arrested on December 29, 1985 and was later on remanded to judicial custody. On March 27, 1986, he moved an application for grant of bail on the ground that he was in custody for 90 days and cognizance has not been taken. On March 28, 1986 after moving of this bail application, the challan was submitted in the Court of Munsif and Judicial Magistrate, but he was on leave and the Additional Chief Judicial Magistrate No. 1, Ajmer granted remand to judicial custody stating that since the Presiding Officer is on leave, case is adjourned to April 19, 1986 for perusal of the challan and orders. The bail application was adjourned to March 31, 1986. The learned Magistrate following the decision of this Court in Benimadhav v. State of Rajasthan 1982 RCC 146 accepted the bail application on April 2, 1986 and released the accused on bail from judicial custody.

(3.) THEREAFTER another application was moved for cancellation of the bail. The learned Magistrate by his detailed order dated April 14, 1986 accepted the application for cancellation of the bail and committed the accused to the Court of Sessions in custody.