SUBHASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- In this writ application filed under Arts. 226 and 227 of the Constitution of India, the petitioner claimed himself to be under illegal detention and prayed for his release from the jail custody in connection with Sessions Trial No. 124/2000 arising out of Gambaria P.S. Case No. 31/99 pending in the Court of Sessions Judge, West Singhbhum, Chaibasa.

(2.) The petitioner's case is that he was for the first time remanded to jail custody by order dated 6-7-99 and thereafter there is no order of remand and the petitioner remanded in jail custody without any valid order of remand. It is contended that even on the date of commitment i.e. on 9-5-2000 no order was passed remanding the petitioner to jail until conclusion of the trial as required under S. 209 of the Code of Criminal Procedure.

(3.) Mr. K. M. Verma, learned counsel for the petitioner, submitted that the custody of the petitioner in jail has neither been authorised by the Additional Chief Judicial Magistrate nor by the Sessions Judge as contemplated under S. 209 or under S. 309, Cr. P.C. which is mandatory provision of law. It is contended by the learned counsel that the order on the remand warrant and in the ordersheet is the authority on the basis of which a person is detained in jail custody and in absence thereof the detention of the petitioner in jail custody has become absolutely unconstitutional, illegal and without jurisdiction.