RATI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two bail petitions under Section 439 Criminal Procedure Code, 1973, raise a common question of law and as such both of these petitions are disposed of by the single order.

(2.) It has been contended on behalf of the accused petitioners that the detention of the accused petitioners in custody had become illegal as no order of remand was specifically passed on certain dates. The contention of the counsel for the accused-petitioners is that once the detention of the accused in custody becomes illegal and the accused petitioner is entitled to be set at liberty, then any subsequent conduct or order passed by the Magistrate will not validate an illegal detention. It has been further contended that the liberty of an individual under the Constitution is unavoidable and once the said procedure has not been followed and the detention of the accused becomes illegal then he is entitled to be released on bail. Learned counsel for the accused petitioners has placed reliance on Chhitar and others v. The State of Rajasthan.

(3.) Learned Public Prosecutor appearing on behalf of the State has opposed the bail petitions. His contention is that if by subsequent orders of remand the detention of the accused petitioners has become legal then, the accused petitioners are not entitled to be enlarged on bail. Learned Public Prosecutor on behalf of the State further placed reliance on Kana v. The State2, and Ram Narain Singh v. The State of Delhi and others3.