INDRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Public Prosecutor on behalf of the State.

(2.) A case under secs. 302, 323, 324 and 147, I. P. C. is under investigation at the Police Station, Pilani, against Indraj, Surja Ram, Mahadaram, Heeralal, Malaram, Mangla Ram, Bajrang, Mahipal, Jai Singh and Dana in connection with committing the murder of Ramavtar and causing injuries to Chiranjilal, Vishambhar, Rameshwar, and Mahipal. Out of the ten accused, five persons have been arrested by the police, namely, Mahadaram, Malaram, Heeralal, Mangla Ram and Bajrang and they are in judicial lock-up under a remand order given by the concerned Magistrate under sec. 167, Cr. P. C. , 1973.

(3.) IN Gurcharan Singh vs. State (Delhi Administration) (3), the same matter emerged for consideration before their Lordships of the Supreme Court. Their Lordships while considering the scope of sec. 437, Cr. P. C, 1973 observed as under : - "by an amendment in 1955 in sec. 497, Cr. P. C. of the Old Code the words "or suspected of the commission of" were for the first time introduced. These words were continued in the new Code in sec. 437 (1) Cr. P. C It is difficult to conceive how if a police officer arrests a person on a reasonable suspicion of commission of an offence punishable with death or imprisonment for life (sec. 41 Cr. P. C. of the new Code) and forwards him to a Magistrate (Sec. 167 (1) Cr. P. C. , of the new Code) the Magistrate at that stage will have reasons to bold that there are no reasonable grounds for believing that he has not been guilty of such an offence. At that stage unless the Magistrate is able to act under the proviso to sec. 437 (1), Cr. P. C. bail appears to be out of the question. "