SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. C. Jain, J. This revision petition has arisen out of an order dated 17-7-1995 passed by Vth Addl. Chief Judicial Magistrate, Meerut in Criminal Case No. 1209 of 1995 (State v. Sajid and another) under Section 307 I. P. C. remanding the Applicants, Sajid and Rashid to jail custody.

(2.) IT has been alleged by the learned counsel for the applicants that no legal order was passed remanding the applicants to jail custody and the detention of the applicants being illegal, they should be released on bail. From the documents it appears that the case was yet to be committed to the court of Sessions, so the remand order may be made under Section 209 Cr. P. C.

(3.) ADMITTEDLY a case under Section 307 I. P. C. is triable by the court of Sessions and the said case was not yet committed to the court of Sessions by the Vth Addl. Chief Judicial Magistrate. As the case was yet to be committed to the court of Sessions, the remand must have been made under Section 209 Cr. P. C. It appears that the Magistrate concerned without apjfcjication of mind passed the order of remand under Section 309 Cr. P. C. The law as it stands now after the decision of Madhu Limaye's case reported in AIR 1969 SC page 1014 is that the accused cannot be sent to jail without remand order and it must be passed applying the mind of the Court and must not be a routine or mechanical in nature. The remand should have been under Section 209 and not under section 309 Cr. P. C.