ROSHAN LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a habeas corpus petition wherein the detention of the petitioner in Almora Jail as an accused in case crime No. 2402/2004 under Sections 302, 307, 452 and 504, IPC has been alleged to be illegal for want of valid remand either under Section 209 or 309 of the Code of Criminal Procedure (for short 'Code').

(2.) The petitioner Roshan Lal is the sole accused in S.T. No. 49/2002 which is at the last stage of its conclusion. The petitioner was committed to Court of Session by the C.J.M. Almora per order dated 9-12-2002 (Annexure-6) and the committal order reads as under :- (Vernacular matter omitted.... .Ed.)

(3.) Referring to the above committal order the learned counsel argued that since the learned C.J.M. while committing the petitioner to Court of Session has not remanded him to custody during and until the conclusion of the trial as contemplated under clause (b) of Section 209 of the 'Code' and since the learned Sessions Judge after taking co_gnizance of the offence against the petitioner found it necessary from time to time to postpone or adjourn the hearing of the sessions trial, the learned Sessions Judge was legally obliged to pass an order of remand of the petitioner in custody in conformity with the requirement of Section 309 of the 'Code'. He also submitted that the record reveal that the learned Sessions Judge has not passed any order of remand as envisaged by the provision of Section 309 of the 'Code' and there being no valid remand in either of the above two provisions of the 'Code' the detention of the petitioner has altogether been illegal resulting which by a writ in the nature of habeas corpus the respondents are liable to be directed to forthwith release the petitioner from Almora jail. Other points were also raised which are not germane to the decision of the petition and therefore it shall be proper to confine to the said submission on behalf of the petitioner.