GUNTABAI BALU BARADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Guntabai Balu Barade has filed this petition for a writ of habeas-corpus or any other appropriate direction to produce her husband Balu Chander Barade detained at Yeravada Central Prison, Pune, and that his arrest and detention be declared illegal and he be set at liberty.

(2.) It appears that the husband of the petitioner, Balu Barade, was charged and tried before the learned Judicial Magistrate, First Class, Sinnar, for having committed offences under section 457 read with section 380 of the Indian Penal Code in about 15 cases and under section 461 read with section 380 of the Indian Penal Code in 3 cases and under section 379 of the Indian Penal Code in one case. He pleaded guilty in all these cases and the learned Judicial Magistrate, First Class, Sinnar accepted his plea of guilt and convicted said Balu for those offences. However, instead of sending said Balu to jail for suffering imprisonment the learned Magistrate was pleased to pass an order under section 6(b) of the Bombay Borstal Schools Act, 1929, by his judgement and order dated 9th of July, 1976. The learned Magistrate observed in the order that the offender is not less than 16 years nor more than 21 years of age, and that by reason of his criminal habits and tendencies and association with person of bad character it is expedient that he should be subject to detention for a period of 3 years and with such instructions and discipline as appears most conducive to his reformation. The learned Magistrate further ordered that in lieu of sentence to jail, the offender is sentenced to be detained in Borstal School for a period of 3 years. Accordingly in pursuance of this order of the learned Magistrate dated 9th of July, 1976, said Balu, the offender, was sent to the Borstal School of Kolhapur. It appears that while he was in the said school, after about 8-9 months, when he was working in Padmala Garden, Kolhapur, he escaped and did not return till he was arrested after about 10 years at Nasik by police on or about 12th of April, 1987, it is the contention of the petitioner that the petitioner-wife and her husband, the said offender Balu, belong to Bhill Community which is a Scheduled Tribe, and said Balu escaped from the Borstal School only because he got the information that his father had expired. It is further contended by the petitioner that after the escape in 1977, Balu started working as agricultural labourer and fisherman till about 1979. Thereafter he purchased an agricultural land and started independent cultivation. In or about 1979 Balu married the petitioner and they have got 4 children, the eldest daughter by name Lata is studying in 2nd standard, son by name Gotiram aged 6 years is studying in the 1st standard and the rest of the two children are very young. Said Balu also purchased some land in the name of the petitioner, his wife. The petition further avers that since then the petitioner and her husband, said Balu, were staying in the said land and cultivating the same. Balu thereafter is never involved in any crime or even suspected of any crime. The petitioner contended that there is a complete reformation and Balu is completely settled in life with wife, children, house and a family land and is working in the said land and leading a life of a law abiding citizen. Balu presently is about 28 to 30 years of age.

(3.) As stated earlier, Balu was arrested on 12th April, 1987 by police at Nasik. He was sent to the Yeravada Central Prison, Pune, on 15th of April, 1977 as he had attained the age of 28 years. Soon after his arrest said Balu preferred Criminal Application No. 1312 of 1987 to this Court. In the said application it was prayed that the arrest of the petitioner Balu on 12th of April, 1987 be declared illegal and the petitioner be released and during the pendency of the said petition, the petitioner be released on bail. The said petition was heard by the learned Single Judge of this Court and by order dated 9th of July, 1987 the said criminal application was summarily rejected.