SANKAR GOPE Vs. STATE

JUDGEMENT

(1.) By this application under S. 482 of the Code of Criminal Procedure (hereinafter referred to as Code), the petitioner-accused Sankar Gope (hereinafter referred to as accused), has prayed the Court for setting aside the orders dated 5-8-94 and 7-8-94 passed by the Sub-Divisional Judicial Magistrate at Tamluk in G.R. case No. 347 of 1994, arising out of Durgachak P.S. Case No. 50 of 1994 dated 1-8-94 pending before him, and for quashing of the said proceedings, along with the prayer for directing him (accused) to be forthwith released from his illegal detention in connection therewith for the reasons stated in detail and on the grounds made out therein.

(2.) The facts, as are relevant for the present purpose, may shortly be set out as follows : - The accused was arrested in connection with the Kotwali P.S. (Nadia) Case No. 152 dated 30 -4-94 pending before the Sub-Divisional Judicial Magistrate (hereinafter shortened into S.D. J.M.) at Krishnagar on the basis of the allegations made in the FIR lodged by one Rina Bibi for alleged offences punishable under Ss. 406/420/120B/467/468/471/34, IPC. He was subsequently shown arrested in connection with the Kotwali P.S. (Nadia) Case No. 158 dated 2-5-94 before the S.D.J.M. at Krishnagar on the basis of FIR lodged by one Tapan Kr. Lana for alleged offences punishable under Ss. 406/420/120B/467/468/471/34, IPC. The accused was, however, granted bail in the said two cases by orders of a Division Bench of this Court on 28-6-94. Three other cases, being (1) G.R. Case No. 294 of 1994, arising out of Tamluk P.S. Case No. 84 of 1994 dated 4-6-94 before the S.D.J.M. at Tamluk, Midnapore; (2) G.R. Case No. 522 of 1994, arising out of Mandirbazar P.S. Case No. 36 of 1994 before the S.D.J.M. at Diamond Harbour, 24-Parganas (South), and (3) G.R. Case No. 303 of 1994, arising out of Hasnahad P.S. Case No. 39 dated 3 -5-94 before the S.D.J.M. at Basirhat, 24-Parganas (North), had been registered against him. On prayers made by the Investigating Officers (for short I.O.) in the said cases for showing him (accused) arrested and for issue of Production Warrants (for short P.W.) in connection there with, the aforesaid three S.D.J.M.s had directed issue of P.Ws. against him (accused) in connec tion with the aforesaid three cases. On three Criminal Revision Cases having been filed on behalf of the accused before this Court, being Criminal Revision Cases Nos. 1351, 1359 and 1388 of 1994, this Court by order dated 13-7-94 in Criminal Revision Cases Nos. 1351/94 and 1359 of 1994, and by order dated 22-7-94 in Criminal Revision Case No. 1388 of 1994 had stayed all further proceedings in the aforesaid three subsequent cases, and had also stayed the Production of warrants issued by the S.D.J.Ms. concerned in connection therewith.

(3.) The accused could not furnish Bail Bonds in connection with Kotwali P.S. Case No. 152 dated 30-4-94 and Kotwali P.S. Case No. 158 dated 2- 5-94 in terms of the bail granted by a Division Bench of this Court on 28-6-94 till 14-7-94. Bail Bonds had been furnished on his behalf before the S.D.J.M. at Krishnagar in connection with the aforesaid two cases on 14-7-94, accepted by the latter, who had issued Release Orders to the Superintendent, Alipore Central Jail, where he (accused) had been lodged, for his release. Since the accused had not been released by the Superin tendent, Alipore Central Jail, despite Release Orders issued by the S.D.J.M. at Krishnagar in connection with Kotwali P.S. Case Nos. 152 and 158, dated 30-4-94 and 2-5-94 respectively, and stay of all further proceedings, along with Stay of P.Ws. issued by the S.D.J.Ms. concerned in the aforesaid three subsequent cases, granted by this Court in the aforesaid three Criminal Revision Cases, an Application had been filed on behalf of the accused before this Court on 2-8-94 under S. 482 of the code for directing his release, in the aforesaid circumstances, being numbered Criminal Revision Case No. 1497 of 1994. This Court by order dated 3-8-94 had directed the said Appli cation to appear in the list as Listed Motion an 5 -8-94 upon due service to the opposite-party-State. The said Application was finally heard on 5-8-94, and the judgment/order was kept reserved.