STATE OF BIHAR Vs. PRASAD VENNA

JUDGEMENT

(1.) The State of Bihar has brought this appeal against the judgment and order of the High Court of Patna and it arises out of proceedings under Art. 226 of the Constitution and S. 491 of the Criminal Procedure Code for a writ of habeas corpus in the matter of detention of one Bipat Gope. The present respondent was the petitioner in the High Court.

(2.) Bipat Gope, a resident of the district of Patna, was convicted under S. 323 and S. 324 read with S. 511 of the Indian Penal Code and sentenced on November 29, 1957, to six months' rigorous imprisonment by the High Court on appeal against acquittal under S. 417 of the Code of Criminal Procedure but he was not taken into custody till January 6, 1958 and even then he was kept under armed guard in the Patna Medical College Hospital in one of the paying,wards, on the ground that he was seriously ill. On an application by the respondent and on the recommendation of the appropriate medical authority Bipat Gope was released by the District Magistrate on March 11, 1958 under the rules of the Jail Manual when his unexpired period of imprisonment was four months and three days. The contention of the appellant State is that he was released under R. 549 which is the rule providing for conditional release of prisoners but the respondent challenges the factum of release under this Rule. The sureties for Bipat Gope were called upon to produce him but as they had failed to do so notices were issued to them by an order dated April 27, 1958 to show cause why their surety bonds should not be forfeited. By the same order non-bailable warrant for arrest was ordered to be issued.

(3.) On April 29, 1958, Bipat Gope moved a petition under Art. 226 against the order of the District Magistrate and the High Court directed on May 1, 1953, that Bipat Gope should appear on Monday following which was May 5,1958, when the petition was to be taken up for preliminary hearing.