UMA KANT Vs. STATE OF U P

JUDGEMENT

(1.) THIS application for bail has been pressed on behalf of Uma Kant alias Nangu only on the ground that no proper warrant remanding the applicant to jail custody was prepared and, therefore, the detention of the applicant in jail is illegal and consequently he is entitled to be enlarged on bail. The applicant is being prosecuted under Sections 395/397 of the I.P.C. The prosecution is pending in the Court of the 4th Additional Sessions Judge, Lucknow, the Sessions trial number being 123 of 1978.

(2.) IN view of the fact that the validity of the custody warrant issued in the present case was challenged, the original custody warrant was sent for and was produced before me by Sri Abdi, the learned Deputy Government Advocate. This custody warrant instead of being on the pro forma prescribed by this Court under the General Rules, Criminal 1957, has been prepared on a plain sheet of paper. On the obverse side of this custody warrant the following writing appears :

(3.) THE first argument of the learned counsel for the applicant was that a warrant for remand had to be on the pro forma prescribed by this Court and it could not be on a plain piece of paper. Since the case is pending in the Court of Session, Section 309(2) of the Criminal Procedure Code, 1973 will apply for granting remand to the applicant. This Sub -Section reads as follows : -