HUKAM SINGH Vs. STATE THRU DELHI ADMN

JUDGEMENT

(1.) . The personal liberty of the petitioner was deprived for over a month is not in dispute. There is also no dispute about the facts which in brief are:-

(2.) In 1983 one Hukam Singh was arrested for offence under Section 406 Indian Penal Code. That Hukam Singh was enlarged on bail by Court. During trial the said Hukam Singh jumped bail. He was declared pro-claimed offender. Non-bailable warrants were issued for his arrest. On the holiday for Independence Day for the year 1991, the petitioner whose name also happens to be Hukam Singh was arrested taking him to be the person who had jumped bail. Unfortunately, for the petitioner, there was similarity in the names of their father. The petitioner is son of Ram Chander. The other Hukam Singh is son of Ram Singh. Further, to the bad luck of the petitioner, the absconding Hukam Singh used to live in the year 1983 in the same locality where the petitioner was residing though in house bearing different municipal number. On 16th August, 1991, petitioner moved an application for grant of bail in the Court of Metropolitan Magistrate. It was dismissed. On 17th August, 1991. A.S.I, 0m Prakash of Police Station Kashmiri Gate moved an application in the Court of Metropolitan tan Magistrate for issue of production warrants against the petitioner for showing/effecting his formal arrest in the case in which Hukam Singh had been declared proclaimed offender. That application was duly forwarded by the Incharge Police Post On 19thAugust, 1991,formal arrest of petitioner Hukam Singh was made ithe case in which Hukam Singh was declared proclaimed offender and the petitioner was remanded to judicial custody.

(3.) . Hukam Singh, the petitioner is employed as an Asistant Mistri in Hindustan Vegetable Oil Corporation Ltd., a Government of India Undertaking. The respondent/State has not pleaded that this Hukam Singh had any past criminal record. He is not stated to be involved in any criminal case. Hukam Singh claims that he has clean antecedents and belongs to a respectable family and has four sons and two daughters. His gross salary is about Rs.3,000.00 per month and carry home salary, after deductions, is about Rs.2,000.00 per month. He has been issued identity card by his employers.