LAKHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under S. 439 Cr. P. C. has been filed in a case registered for offences under Ss. 395, 396, 397 and 302 I. P. C. The accused moved a bail application before the learned Sessions Judge, Dholpur which was rejected by the order, dated 13-5-1987. The learned Sessions Judge in his order stated that the accused was summoned by production warrant dated 11-2-87 issued by the Chief Judicial Magistrate, Dholpur to produce him in his court, but since he has not been produced till date and his custody has not been given to the Rajasthan Police, he cannot be deemed to have been arrested in the instant case and for that reason application under S. 439 Cr. P. C. is not maint-ainable. THIS is pertinent to mention here that accused is in judicial custody in case No. 2/86 of police station Kheragarh, District Agra for offence under S. 392 I. P. C. and at present he is lodged in Central Jail, Agra.

(2.) THE accused-petitioner, Lakhan Singh, is one of the several accused persons arrayed as accused in the instant case. 8 persons had been arrested and a charge-sheet has been filed against them including a charge sheet under S. 249 Cr. P. C. against the petitioner. THE police moved an application before the Chief Judicial Magistrate that on investigation it came to know that the accused is in judicial custody in a case at Agra and, therefore, the production warrant should be given to the police. This application was given on 9-2-1987 which reached Central Jail, Agra on 11-2-1987. THE date fixed for his production was 19-2-1987 but since the case was already fixed in Agra he was not produced before the Magistrate and consequently the custody was not handed over to the police. Thus the Rajasthan police has not got the custody of the accused till date.