SUNIL SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has moved this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus commanding the respondents to release the petitioner from illegal custody.

(2.) THE relevant facts of the case are that the petitioner is an accused in a case for the offence under Section 302 and other allied sections of the Indian Penal Code and under Section 27 of the Arms Act in which Ex -Minister, Science and Technology, Government of Bihar, namely, Brij Bihari Prasad and his body guard were killed for which Gardanibagh (Shastrinagar) PS Case No. 336/98 was registered. He was also made accused in Kadamkuan PS Case No. 757/98, Gandhi Maidan PS Case No. 11/99 & 47/99. However, he was released in the aforesaid three cases. The petitioner is in the judicial custody since 19.3.1999 in Shastri Nagar PS Case No. 336/98. In the instant case charge -sheet was submitted and the learned Chief Judicial Magistrate took cognizance. However, the case was handed over to the CBI for further investigation under Section 173(8) of the Code of Criminal Procedure whereupon it was registered as RC Case No. 4 (S) 99 after obtaining permission from the Court. After further investigation CBI found that investigation made by the State police was correct and submitted two charge - sheets, one in the month of November, 2000. against Shashi Kumar Rai, MLA and thereafter final charge -sheet was filed on 25.4.2001 against Raghunath Pandey While submitting final charge -sheet a petition was also filed on behalf of CBI stating therein that entire police paper was ready for supply to the accused persons and efforts were made for handing over police papers to be accused persons who had already appeared but none of them came forward to receive the same. However, against the non -appearing accused , namely, Raghunath Pandey processes have also been issued for his arrest by the Court. The petitioner had earlier moved this Court for bail thrice which were rejected lastly on 29.6.2001. The petitioner had earlier also moved this Court in Cr WJC No. 574/99 on the ground that there was no remand which was heard along with other two writ petitions filed by different accused persons of the case and were dismissed on 17.2.2000, Annexure -1. The petitioner now has filed instant writ petition for his release from judicial custody on the ground mainly that the Court has no jurisdiction to remand the accused, as stage of commitment under Section 209 of the Code of Criminal Procedure is not an inquiry and even if he has been remanded the remand is illegal in the eyes of law.

(3.) IN the counter -affidavit the facts have been reiterated and stand has been taken that cognizance has been taken, the matter is pending for commitment, police papers are ready for supply to the accused persons put none of the accused persons is coming forward to receive the police papers. More -over final charge -sheet has been submitted and processes have also been issued against one Raghunath Pandey for his arrest and production. The petitioner is being produced in the Court on the date fixed and is being remanded in judicial custody. On 30.7.2001 the petitioner was produced and he has been remanded to judicial custody the stage in the case is of inquiry and as such remand of the petitioner is valid in the eyes of law.