CHANDER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Chander Bhan is one of the accused in case First Information Report No. 139 dated 14th August, 1990 of Police Station, Hansi district Hissar registered under section 302, 307, 323, 326, 324, 147, 148 and 149 of the Indian Penal Code and under section 25/27 of the Arms Act. On the basis of different remand orders passed by the leaned Sub-Divisional Judicial Magistrate, Hansi. District/Sessions Division Hissar, accused petitioner was being detained in judicial custody inside Central Jail, Hissar.

(2.) DURING the period 27th September, 1990 to 19th November, 1990 the jail authorities neither produced the accused before the learned Judicial Magistrate on 27th September, 1990, 12th October, 1990, 24th October, 1990 and 6th November, 1990 in deference to the production warrants nor got his remand to judicial custody extended during the period aforesaid. Asserting that this lapse on the part of the prosecuting agency rendered his detention in jail custody for the period aforesaid illegal accused petitioner Chander Bhan has on 22nd October, 1990 filed Criminal Writ Petition No. 2215 of 1990 in this Court for the issuance of a writ of habeas corpus to get himself released from illegal custody and for being admitted to bail in the Sessions case aforesaid.

(3.) I have heard Shri H.L. Sibal, Sr. Advocate, with Shri Ajay Lamba, Advocate, for the petitioner, Shri S.C. Mohunta, Advocate General, Haryana, with Mr. L.P. Sood, Distt. Attorney for the respondent, and have carefully gone through the material on record.