MANGAT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, has been filed for the release of the petitioner from Central Jail, Patiala, on bail or for a direction to the learned Sessions Judge, Patiala to decide and dispose of the application for bail pending before him.

(2.) The learned counsel for the petitioner has submitted that the pentioner is being detained illegally in Central Jail, Patiala and as such, he is entitled to be released forthwith. In the alternative he has submitted that the petitioner be allowed bail by this Court or a direction be issued to the learned Sessions Judge, Patiala to dispose of the bail application pending before him.

(3.) In the instant case, the petitioner was arrested in case F.I.R. No.(s) 95/STU-XV/CHG, dated 9.1.1995, registered by Central Bureau of Investigation, Chandigarh. He has been remanded to judicial custody by a court of competent jurisdiction and as such, the petition for issuance of a writ of habeas corpus is misconceived and is not maintainable.