RADHEY SHYAM BHARTI Vs. STATE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution as well as Section 491, Cr. P. C. praying for the Issue of a writ in the nature of habeas corpus directing the release of the applicant Radhey Shyam, Bharti, who happens to be a practising lawyer of district Shahjahanpur.

(2.) The applicant was arrested at 5 a. m. on 27-2-1963 by opposite party No. 3 Sri Saiduddin, S. O. Police Station Sadar Bazar in the city of Shahjahanpur, and confined in the district Jail Shahjahanpur. The same day at 5 P. M. opposite party No. 2 Sri C. 8. Negi, City Magistrate Shahjahanpur came to the district jail and read out a notice under Bee. 112 Cr. P. C. calling upon the applicant to show cause why he should not be ordered to execute a personal Bond of Rs. 5,000/- and furnish two sureties in a like amount to, keep the peace fox-one year. The applicant, as the record shows, denied the contents of the notice. A further order under Section 117 (3), Criminal P. C. was then passed by the City Magistrate directing the applicant to execute a personal bond for the amount mentioned above and furnish two sureties to Keep the peace till the conclusion of the enquiry. Since the applicant did not furnish the required sureties he was directed to be Kept in jail. On 19-3-1963 the applicant was released from custody on his furnishing the necessary surety bonds.

(3.) In this petition it has been contended that the arrest and the detention of the applicant in the jail were illegal and accordingly the applicant, prayed firstly that the proceedings pending against Mm under Section 107 Cr. P. C. in the court of the City Magistrate, Shahjahanpur, be quashed and further that a writ of habeas corpus be issued to the City Magistrate, directing that the applicant be set at liberty.