MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under section 439, Criminal Procedure Code filed by the accused petitioner Mohan for releasing him in F.I.R. No. 116/1983. It has been argued that the detention of the petitioner in jail after 11.7.1983 is without authority. No remand has been obtained to keep in jail beyond 11.7.1983. As such detention being illegal the petitioner is entitled to be released on bail.

(2.) To understand the facts I may mention that a case under section 307 Indian Penal Code was registered at Police Station Ganj, Ajmer and the accused petitioner was arrested by the police prior to 27/6/1983 and was produced before the Judge. Magistrate on 27/6/1983 for remand. The learned Magistrate remanded the accused to judicial custody upto 11/7/1983 with the direction to produce him in court on that date. On 11/7/1983 the petitioner was produced before the learned judicial Magistrate No.1, Ajmer. It is alleged that on that the learned Magistrate did not pass any order in the order-sheet authorizing further detention of the accused. On the jail warrant It has been mentioned that the accused be produced on 26/7/1983. The petitioner moved an application before the learned Sessions Judge, Ajmer for grant of bail but that application was rejected vide order dated 16/7/1983.

(3.) The only argument advanced on behalf of the petitioner is that the detention of the petitioner after 11/7/1983 is without authority and as such his detention is illegal. It is prayed that the accused be released on bail.