AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AHMED S/o Sitab, Chander S/o Chhotey Khan, Sitab S/o Chhotey Khan, Shiraf S/o Sitab have filed this bail application. This application came up before me and after hearing the parties I have passed order dated October 29, 1979. In pursuance of this order the Jail record was summoned. This record shows that the order of remand to Jail in the prescribed form under Section 344 Criminal Procedure Code was sent on May 16', 1979 under the signature of Munsif and Judicial Magistrate First Class, Kishangarh Bas (Alwar) for remanding the accused till further orders and to cause him to produce before this Court on May 30, 1979 A separate remand form has been used for each of the accused. Thereafter it appears that on September, 1979 in pursuance of the commitment order, an order was passed by the Munsif and Judicial Magistrate that the accused should be produced before the District and Sessions Judge Alwar on 9 -10 -1979, Later on District and Sessions Judge by order dated October 9, 1979 sent the accused to jail for being produced on October 29, 1979. On October 29, 1979 again according to the endorsement the accused were sent for being produced from Jail, on November 27, 1979. The endorsements of seal are contained only on the annexed paper to the order of remand in relation to the accused Saraf and so far as the other papers are concerned attached to the other orders of remand forms, there is no such seal of endorsement and there is no endorsement for 9.10.1979 for the other accused. However, Mr. Garg Public Prosecutor has produced today the certified copy dt. 29 -10 -79 which is as under:

(2.) DR . Tiwari learned Counsel for the accused -applicants submits that order sheet of the court file cannot be treated as a warrant for remand as contemplated by Section 309 of the Code of Criminal Procedure. According to him, warrant means written authorisation to the Jailor to receive accused in custody He relies upon the judgment of Allahabad High Court passed in Sayeed Ahmed v. State AIR 1978 Cri. L. J. 541.

(3.) MR . Garg, Public Prosecutor has invited my attention to the signed endorsement attached to the warrant of remand, which is as under: