JITENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have perused the report of the Chief Judicial Magistrate, Gaya who has reported that the petitioner has not been physically produced before him from 7.10.1998 to 4.1.1999.

(2.) The Jail Authorities have been wanted by the Supreme Court and by this Court in several decisions that undertrial prisoners on remand must be physically produced before the Magistrate concerned on the date fixed for the purpose. The practice of obtaining remand orders on custody warrant is a pernicious practice which has to be discouraged. It defeats the very purpose for which the law has been made. Despite this, we find that in this State the undertrial prisoners are not produced before the Magistrate physically on the returnable date. This is a serious matter and has to be viewed seriously.

(3.) In the facts and circumstances of this case, the petitioner Jitendra Kumar is directed to be released forthwith on execution of bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Gaya in Civil Line PS Case No. 206/98 with an undertaking that he shall present himself before the Court on every date fixed for the purpose. If he fails to do so without reasonable cause, it would be open to the learned Magistrate to Cancel his bail.