Jagdev Dass vs State of U.P.& Anr.

C. A. Rahim, J.—The short point in this revision is whether the mandatory provisions of law have been observed while rejecting prayer for bail on 2581994. It has been submitted that the date of surrender was 1251994 and the chargesheet was registered on 1081994. The learned Magistrate did not consider the date of surrender as the first date of detention. The said matter was settled by a decision of this Court that each day of detention should be considered. It that view chargesheet has been submitted at 91 days and the accused are entitled to get benefit under Section 167 (2), Cr.P.C.

The revision is allowed. Since the mandatory provisions of law have not been observed, therefore, let accused revisionist Jagdev Dass be released on bail in case Crime No. 155 of 1994, under Sections 498A, 304 and 201, I.P.C. and Section 3/4 oi Dowry Prohibition Act, policestation Jahangirabad, district Bulandshahr to the satisfaction of the learned Chief Judicial Magistrate, Bulandshahr.

Revision allowed.