SHAIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for issuance of writ of Habeas Corpus to release the petitioner from custody as his custody was unwarranted under Section 125(3) read with Section 421 Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) When this matter was taken up for hearing by this Court, it has been observed in the order dated 14th of November, 2008 that the petitioner would be released from custody on the condition that he pays a sum of Rs. 20,000/- to be deposited by him in two installments in the Court of Principal Judge, Family Court, Motihari by 15th of December, 2008 and 15th of January, 2009. In addition a condition was also imposed that the petitioner should continue to pay and deposit a sum of Rs. 1,500/- per month from the month of December, 2008 onwards.

(3.) The challenge of the petitioner that the provisions of sub-clause 3 of Section 125 have not been followed in the court below, which issued distress warrant against the petitioner by an order dated 31.1.2007. It has been argued that before issuing distress warrant under Section 125(3) of the Code, the court is required to follow the procedure by issuing warrant for levying the amount due in the manner provided for levying fines and may sentence such person for the whole or any part of each month's (months maintenance) remaining unpaid after the execution of warrant to imprisonment subject to the provisions of Section 125(3) of the Code.