RAM PRATAP MANDAL Vs. EMPEROR

JUDGEMENT

(1.) These two connected applications under Section 491, Criminal P.C., have been preferred by two persons, Ram Pratap Mandal (in 791) and Mahabal Kuer (in 794) who have been convicted under Section 395, Indian Penal Code, and sentenced to undergo five years rigorous imprisonment each by the Special Judge of Darbhanga appointed under the Special Criminal Courts Ordinance No. 2 of 1942. The petitioners were convicted at the same trial, and in each case we are asked to make an order for release upon the same grounds.

(2.) The offence for which the petitioners have been tried and convicted is said to have been committed on 2l August, 1942, that is to say, on the very day that the Governor of Bihar by Notification NO 90-C.C. declared the Special Criminal Courts Ordinance to be in force in the province. Ram Pratap Mandal was first sent up by the police to the Sub-divisional Officer, Madhubani, on 10 setember 1942, under Secs.395 and 435, Indian Penal Code, and Section 19(f), Arms Act, but without any statement of the facts or evidence by the police. He was remanded to hajat until 25 September by an order over the initials "S.D.O." The petitioner Mahabal Kuer was similarly sent up in custody under Section 895, Indian Penal Code, on 17th September, and was similarly remanded to hajat until the 25th. On 24th September all the accused sent up, including the two petitioners, were directed to be forwarded to the Sadar Jail, Darbhanga, for want of accommodation at Madhubani, and a further order was passed remanding them to hajat until 8th October. This order was also over the initials "S.D.O." Next day, the 25th, apparently by the same officer, an order was passed: The Sub-Inspector prays for issue of warrant of arrest and process against the absconders. Produce accused on 9 October 1942. Issue returnable by 13 October 1942.

(3.) The same day a bail petition on behalf of one of the accused, Sundar Lal, was moved, but was rejected on the ground that the section of law involved was not bailable.