VIMAL KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Identical question of law have been raised in the two Habeas Corpus Petitions and, therefore, they are being decided by a common order.

(2.) Habeas Corpus Petition No. 29312 of 1994 has been filed by Vimal Kumar Sharma who was arrested on 1-7-94 in case Crime No. 187 of 1994 under Section 302, I.P.C., of P. S. Nazirabad, District Kanpur Nagar for having committed the murder of Puttan Shukla. It is averred that at the time of arrest, full particulars of the offence for which he was arrested were not communicated to him, and therefore, there has been violation of Section 50(1) of Cr. P. C. as well as Article 22(1) of the Constitution. The petitioner claims that he has been deprived of his personal liberty in violation of law which has infringed the constitutional guarantee enshrined under Article 21 of the Constitution and, therefore, his continued detention is illegal and he is entitled to be set at liberty. Rule nisi was issued by this Court and a counter-affidavit has been Bled by Senior Sub-Inspector of PS Nazirabad. He has stated that he arrested the petitioner on 1-7-94 and at the time of his arrest he was informed of the grounds of arrest as required under Law. It is further stated that in parcha No. 1 of the G. D. of the same day it is clearly mentioned that "Karan Bata Kar Bajata Hirasat Mein Liya Gaya". Another counter-affidavit, has been filed by Dy. Jailor wherein it is stated that the petitioner was lodged in the District Jail an 2-7-94 in pursuance of an order of remand passed by VIth Metropolitan Magistrate under Section 167, Cr. P. C. and thereafter fresh remand orders were passed from time to time. Subsequently, the Chief Metropolitan Magistrate committed the case to the Court of Sessions and passed an order under Section 209(b), Cr. P. C. remanding the petitioner to custody during and until the conclusion of the trial. After receipt of the record in the Court of Sessions, learned Sessions Judge, Kanpur Nagar, assigned the case to the Court of Special Judge who passed an order under Section 309, Cr. P. C. on 20-9-94 directing the Supdt. Jail to keep the petitioner in judicial custody and to produce him in the Court on the dates fixed and mentioned on the back of the custody warrant.

(3.) Habeas Corpus Petition No. 30905 of 1994 has been filed by Sanjai, Bahal who was arrested on 17-6-94 in Case Crime No. 51 of 1994 under Sections 302 and 201, I.P.C. of PS Raipur district, Dehradun. It is averred that at the time of his arrest, full particulars of the offence for which he. was arrested were not communicated to him and, therefore, on account of violation of Section 59(i), Cr. P. C. and Article 22(1) of the Constitution, he titled to be set at liberty. A counter-affidavit has been tiled by S.O. of PS Raipur. It is stated in the counter-affidavit that at the time of his arrest, full particulars of the offence for which he was arrested were communicated to the petitioner and copy of 'Fard' was also given to him. It is categorically denied that the grounds of arrest were not communicated to the petitioner. Another counter-affidavit has been filed by the Dy. Jailor stating that the petitioner was admitted in jail on 18-6-94 on the basis of a warrant issued by C.J.M., Dehraciun under Section 167, Cr. P. C. It is further averred that subsequent thereto orders of remand of the petitioner have been passed by learned Magistrate and in pursuance thereof, he has been detained in jail. Along with counter affidavit of S. O. of PS Raipur copies of orders dated 18-7-94 passed by learned Sessions Judge Dehradun and also of the order dated 7-9-94 passed by the High Court by which the bail application moved by the petitioner was rejected have also been filed.