MAHAVEER Vs. STATE

JUDGEMENT

(1.) IN this Misc. Petition u/s. 482 Cr. P. C. , the petitioners, pointing out that their custody in sub-jail, Nagaur is illegal, pray that they should be set at liberty.

(2.) THE relevant facts are these. THE petitioners are facing trial u/sec. 302/34 IPC in the newly created Court of Additional Sessions Judge, Deedwana. Earlier the case was pending in the court of Addl. Sessions Judge, Nagaur -Camp Deedwana. Charges were framed on 9. 12. 98 and the case was fixed for evidence on 11. 2. 99, 11. 3. 99, 8. 4. 99, 30. 4. 99, 3. 6. 99 and 21. 6. 99, in the Court of Addl. Sessions Judge, Nagaur Camp Deedwana. As a new Court of Addl. Sessions Judge was created at Deedwana, the file was transferred to that court, where it was registered on 3. 7. 99. THE learned Addl. Sessions Judge, Deedwana on 3. 7. 99 ordered on the file that the prosecution witnesses be summoned for 9. 8. 99 to 11. 8. 99. THE petitioners who were produced by the jail authorities in custody were remanded to judicial custody and were directed to be produced on 9. 8. 99 by an order on the jail warrants.

(3.) IN the case of Mohan (supra), which was decided by the learned Single Judge of this Court, the facts were that the matter was at investigation stage and challan had not been filed by the police. Obviously the accused were remanded to judicial custody by the Magistrate u/s. 167 (2) Cr. P. C. On 11. 7. 83, the relevant date, no application for further remand was made by the INvestigating Officer. The Magistrate, without passing any order on the order-sheet of 11. 8. 83 authorising the detention of the accused, directed the jail authorities to produce him on 26. 7. 83. The report (judgment) does not indicate that on the jail warrant of the accused it was recorded that the accused were being remanded to judicial custody or that they could be kept in custody till 26. 7. 83. IN these circumstances, this Court held that the Magistrate had not authorised the detention of the accused in judicial cus- tody beyond 11. 7. 1983 and the detention was illegal. Eventually, the accused was directed to be released on bail.