PRABHUNARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition is directed against the order dt. 10-1-83 passed by Shri S.R. Tiwari, Judicial Magistrate Ist Class Manawar Dist. Dhar, in Cri. Case No. 5/83.

(2.) Facts giving rise to the petition are these. The petitioners were arrested by Gandhwani Police, Dist. Dhar on 10-1-83 an application for bail was moved before the learned Magistrate. During the same day at 1.45 p.m. the petitioners, without handcuffs, were produced by the police, before the Court. Police Constable Bang Bahadur who was also to appear as a witness, submitted that he had brought the petitioners. There upon the learned Magistrate stating that one of the offences (under S.506 Part II, IPC) is non-bailable, condemned the police for not producing the petitioners in proper custody and characterised the action as discriminatory. The learned Magistrate holding that the petitioners were not produced in proper custody refused to consider the bail application till the petitioners were so produced. The police then produced the petitioners in handcuffs and ultimately the learned Magistrate ordered their release on bail.

(3.) The learned Magistrate also ordered that a copy of the proceedings be sent to the Superintendent of Police Dhar so that an act of the sort is not repeated.