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DISTRICT AND SESSIONS JUDGE versus KIRSHAN


Prohibition (Enforcement) Order 1979 Article 3/4 Criminal Procedure Code (V 1898), Section 435/438 Referring to the cancellation of bail, the Sessions Judge made reference to the accused only three months after the order of grant of bail. The Sessions Judge in charge, who remained on his bail for the past nine months without any charge, misused his freedom which could not be concealed at such a stage, even if he was not entitled to bail at an earlier stage. There was very little case against which there was hardly any action. The testimony of two or three prosecutors was to be examined and the bail given to the accused was not revoked in the circumstances and the reference presented by the session judge was denied.

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