PAWAN KUMAR PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner at present is lodged in District Jail, Lucknow in Case Crime No. 206/91 under Sections No. 147/148/149/302, IPC P.S.Aminabad, District Lucknow. The petitioner is also an accused in Case Crime No. 185/96 under Ss. 147/148/149/302/120-B, IPC, P.B.Kahrajganj, District Faizabad. Chief Judicial Magistrate, Faizabad on 18-6-1996 has sent a production warrant, popularily known as warrant 'B' to Superintendent, District Jail, Lucknow requiring him to produce the petitioner in his Court in Case Crime No. 185 of 1996. A copy of production warrant has been sent to the C.J.M., Lucknow also. However, in pursuance of this production warrant, the petitioner has not been produced before Faizabad Court and he continues to be lodged in District Jail, Lucknow.

(2.) The petitioner applied before C.J.M.Faizabad for bail in Case Crime No. 185 of 1996 referred to above. Bail application of the petitioner has been rejected by C.J.M., Faizabad by his impugned order dated 25-6-96 in which it has been mentioned that since the petitioner is not in custody of the Court, his bail application cannot be considered. Aggrieved by it, the petitioner approached this Court u/S.482, Cr. P.C.

(3.) In the petition it has been mentioned that the Police of Faizabad and Ambedkar Nagar districts is against the petitioner who also has several enemies including enemies in politics. It has been stated that there is great apprehension that in case the petitioner is transferred from Lucknow jail to Faizabad jail, he is likely to be liquidated in transit. With these allegations, it has been prayed that Faizabad Court be directed to consider the bail application of the petitioner on merits without insisting upon his custody.