MANSUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners in this Miscellaneous case made a grievance that in spite of an order of being released on bail for offences under Ss. 307, 147, 148 and 149, IPC, they were still detained in jail at Kannod, in pursuance to an order passed by the Executive Magistrate, Hatpipliya, in Criminal Case No. 148 of 1985, under Ss. 151 and 107, Cr. P. C. In fact the present petitioners had moved the Court of Sessions at Dewas, bringing all facts to the notice of the learned Sessions Judge, in Criminal Revision No. 5 of 1985. As the petitioners were not released the learned Sessions Judge was requested to send for the record, which in fact was sent for and the requisition was received by the Executive Magistrate, Hatpipliya on 18-8-1985. The criminal revision before the Sessions Judge was listed for hearing on 20-8-1985. On this date of hearing the petitioners again made a grievance about their being detained in jail under Ss. 107, 116(3) and 151, Cr. P. C., and complained that their detention was illegal. It is to be noted with regret that the Executive Magistrate at Hatpipliya for no reason whatsoever, either disclosed here, before this Court or mentioned in the record of the said case No. 148 of 1985, did not send the record to the Court of Session and the learned Sessions Judge, feeling helpless in the matter, dismissed the said revision. It is in such circumstances that the present petition is moved under S. 482, Cr. P.C., for being released on bail, which in fact, had already been granted to them.

(2.) By order D/-3-9-1985 the Jailor at Sub-Jail, Kannod, was directed to produce the applicants in person before this Court on 9-9-1985 and the record of the Court of the Executive Magistrate, Hatpipliya, was also sent for along with a direction to the said Magistrate to remain present in person. Accordingly the record was obtained and the Executive Magistrate also remained present.

(3.) Going through the record of the case, it is difficult to believe that it is a record of a judicial proceeding. The first step required to be taken in such proceedings under S. 107, Cr. P.C., is the making of an order under S. 111, Cr. P.C., which the Executive Magistrate made on 2-8-85. It is nothing but a carbon impression of such order of Court of Sub-Divisional Magistrate, Bagli as can be seen from the title of the order passed in some other case. All that the Executive Magistrate has done is to make few required insertions with an alteration in the amount of bail. The Executive Magistrate, who is present today, admits having obtained the same for the purpose of this case. It is a travesty of justice as well as liberty of citizens that such orders are being passed in a routine mechanical material manner, without any application of mind. As is revealed in this very case, from the other orders and it is inconceivable on record that an Executive Magistrate at Hatpipliya would give the title to Sub-Divisional Magistrate, Bagli to an order passed by him. Even copying it is said needs a certain degree of application of mind but that too is missing.