TARSEM KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the instant petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for releasing husband of the petitioner namely Buta Singh, illegally confined in Central Jail, Amritsar by respondent No. 3.

(2.) COUNSEL for the petitioner contends that Buta Singh (detenue) is facing criminal prosecution in numerous cases in which he was on bail. Proceedings under Section 110 of the Code of Criminal Procedure (in short, 'Cr.P.C') were initiated against him vide rapt No. 24 dated 09.12.2013, an inquiry was conducted in accordance with the procedure laid down in Section 116 Cr.P.C and the order was passed under Section 117 Cr.P.C whereby Buta Singh was directed to furnish security in the sum of Rs. 4,00,000.00 for his good behaviour for a period of one year vide order dated 24.02.2014. Buta Singh was booked in FIR No. 93 dated 01.09.2014 for offence punishable under Section 61 of the Punjab Excise Act, 1914. A report was submitted by Station House Officer of the concerned police station that since Buta Singh had violated terms and conditions of the bond, recovery of the bond amount may be effected from Buta Singh and his surety. It is argued with vehemence that respondent No. 3 while exercising power of Executive Magistrate, without issuing any notice and providing an opportunity of hearing to the detenue, has passed the order dated 18.10.2014 for keeping Buta Singh in supervision (Nazarbandi) in Central Jail, Amritsar by invoking Section 122(1)(b) Cr.P.C for a period of five months and twenty days, the remaining period of bond furnished by him. It is further argued that detention of Buta Singh by the Executive authority without his conviction by a competent Court of law is unwarranted and the detenue is liable to be released from illegal custody.

(3.) I have heard counsel for the parties and perused the records.