MAHESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant case the writ petitioner was arrested in connection with a criminal case on 19th February, 2008 at 1.30 P.M. As it appears from the counter affidavit filed to the present habeas corpus application filed by the petitioner, an attempt was made to produce the petitioner before the nearest Magistrate on 20th February, 2008. As appears from the counter affidavit it is the contention of the respondents that due to traffic jam the attempt made to produce the petitioner before the Magistrate on 20th February, 2008 did not succeed. The petitioner was thereupon admittedly produced before the Magistrate on 21st February, 2008 when he was remanded.

(2.) FROM the aforesaid facts it is crystal clear that despite efforts made with good intentions, the petitioner due to unfortunate traffic jam could not be produced before the Magistrate within 24 hours from the time of his arrest. In the instant writ petition the petitioner is contending that continuation of such arrest being contrary to law, the same is per se illegal and a remand order passed thereon is also not sustainable and, accordingly, upon declaring the same to be as such, this Court shall pass a direction for releasing the petitioner.

(3.) THE learned Counsel for the State submitted that from the undisputed facts it would emerge that honest and sincere efforts had been made to produce the petitioner within 24 hours of his arrest before the nearest Magistrate but because of the unfortunate traffic jam he could not be produced before the Magistrate within 24 hours of his arrest when the Magistrate was in seisin of his Court and, admittedly, the petitioner was produced before the Magistrate on the next date as early as possible. It was submitted that there being no deliberate violation of the provisions of Section 57 of the Criminal Procedure Code, it cannot be held that the arrest became illegal for non production of the petitioner before a Magistrate within 24 hours from the time of his arrest. Section 57 of the Criminal Procedure Code, 1973 is as follows: