BELIM ABDULLABHAI REHMATULLABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Hardik Soni, learned Additional Public Prosecutor waives service of notice of Rule for respondents Nos.1 and 2. Respondent No.4, being the corpus, who has now been released, there is no need to issue notice of Rule to him. However, he is present in person in the Court today.

(2.) This petition under Article?226 of the Constitution of India has been preferred by the petitioner, the cousin brother of the corpus, Umarbhai Abubakarbhai Belim (respondent No.4), with a prayer to issue a Writ of Habeas Corpus or any other direction, to the respondent?Jail Authority, namely, Jail Superintendent/Jailer, Surendranagar Sub?Jail (respondent No.2), to produce the corpus of Umarbhai Abubakarbhai Belim before this Court and set him at liberty, in the interest of justice. A further prayer has been made by the petitioner to compensate the corpus for keeping him in unlawful custody post 01.12.2017 and impose exemplary costs upon the concerned respondents.

(3.) The brief factual background of the case, as stated in the petition, is as follows : -