DEVILAL & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is to decide the bail application under Sec. 439 Crimial P.C. by the petitioners on the ground that they had been illegally detained without there being any remand order against them from 5.10.81 onwards.

(2.) Briefly stated the relevant facts giving rise to this petition are that the petitioners, alongwith a few others were arrested in a case registered against them under Sections 302, 307, 120-B. I.P.C. and Sec. 27 of Arms Act. The date of appearance of the petitioners in the court was fixed to be 5.10.81 by the learned Munsif & Judicial Magistrate, Suratgarh. On that date the petitioners were present under custody. Other accused on bail were also present. The Presiding Officer (was on leave and the Reader of the court asked the person bringing the petitioners in the court to seek remand from the Competent Magistrate and fixed the case for 13.10.81. On 13.10.81 neither the four petitioners were kept present nor their warrants were produced in the court for orders. The F. C. presented a tahrirand was intimated of the next date being 26.10.81. On 26.10.81 neither the petitioners were kept present nor their warrants were received from jail. The learned Magistrate therefore called for the explanation of the Assistant Jailor, Raisinghnagar and fixed 10.11.81 as the date for awaiting the case file, which at the time was in the court of Additional District & Sessions Judge, Raisinghnagar. An application was filed in the court of Additional District & Sessions Judge, Raisinghnagar by the petitioners with a prayer that as they were being unlawfully detained in custody since 5.10.81 onwards, they should be released on bail. The submission did not find favour with the Additional District & Sessions Judge and the application was rejected. In the present application, the petitioners have come with a case that their detention from 5.10.81 till today is illegal and, therefore, an order for bail should be passed.

(3.) The learned counsel for the petitioners submitted that there was no order by any competent Magistrate on 5.10.81 and the order dated 13.10.81 clearly shows that neither the petitioners were produced from jail on that date, nor their warrants presented for orders before the Magistrate concerned and, therefore, on this count alone the petitioners are entitled to an order of bail. The learned counsel has also referred to the order dated 26.10.81 and submitted that during all this period till today, there is no order to indicate that the illegal detention at a time has been regularised subsequently.