HRUSIKESH SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application for bail under section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code), the two accused-petitioners have raised the question of propriety of the non-bailable warrant of arrest issued by the Judicial Magistrate. First Class, Salipur, which were executed outside the jurisdiction of the said Magistrate.

(2.) It is alleged that the petitioner have committed offences under sections 366/307 of the Indian Penal Code (hereinafter referred to as I.P.C.T) which has been registered as G.R. Case No. 215 of 1992 in the file of the J.M.F.C., Salipur. On the strength of the N.B.Ws. issued by the said Magistrate the two petitioners were arrested by the police office of Badachana police station and thereafter were produced before the Sub-Divisional Judicial Magistrate, Jaipur. The bail application having been rejected, which was made before the AddI. Sessions Judge, Jaipur under section 81 of the Code. The AddI. Sessions Judge observed that the warrants did not contain the gist of allegations levelled against the accused persons. However, he rejected the bail application as the alleged offences were serious in nature and the case was of the year 1992.

(3.) In this petition before this Court it has been contended that it was the duty of the Magistrate issuing warrant to forward along with the warrant, the substance of the information against the person along with the relevant documents in order to enable the court to deal with the bail application in accordance with section 81 of the Code. Section 78 of the Code reads as follows: 78 Warrant forwarded for execution outside jurisdiction (1) When a warrant is to be executed outside the local Jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward along with the warrant the substance of the information against the person to be arrested together with such documents, if any as may be sufficient to enable the Court acting under section 81 to decide whether bail should not be granted to the person.