MANOHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner. Manohari, was arrested in a case. F. I. R. No. 48/82. lodged under Sections 395. 396 and 397, I. P. C. He was arrested by the police on April 30, 1982, and at present he is lodged in sub-jail, Bandikui. The petitioner submitted a bail application on June 29, 1982. which came up for consideration before G. M. Lodha, J. Lodha. J. considered that important questions were canvassed before him which had wide repercussions in various cases and as such he considered it necessary that there must be authoritative pronouncement on those questions and thus referred the case to Hon'ble the Chief Justice for constituting a larger Bench. By order- of the Chief Justice the matter has now been placed before the Division Bench. Learned Single Judge in his order, dated Sept. 17, 1982, has mentioned the following four questions to be considered as important questions of law argued before him: 1. Whether the remand granted in the absence of the accused can be valid?

(2.) WHETHER in the absence of a valid order for remand of the accused to jail. only an order for production of the accused on the next date can be treated as valid remand?

(3.) WHETHER any previous illegality in granting remand can make the present detention of the accused illegal even though thereafter a valid remand has been granted,