AMARENDRA CHANDRA CHAKRAVORTY Vs. GARRISON ENGINEER

JUDGEMENT

(1.) One A. C. Chakravorty was appointed as a "Siding Supervisor" by the Garrison Engineer, Indian Works Section, Feni Air Fields to supervise the works of labourers employed. He was subsequently removed from service by the Garrison Engineer. On the same day, a complaint in writing marked confidential was sent to Sub-divisional Officer Feni, District Noakhali, by the Garrison Engineer for having extorted money from his subordinates. The Magistrate took cognizance of the offences complained of and issued a warrant of arrest under Sections 406/384, Indian Penal Code. He was arrested and produced before the Sub-divisional Officer who ordered remand. A bail was applied for but was refused by the Magistrate and also by the Sessions Judge, Ultimately, the High Court ordered release on interim bail after notice to the Crown. The order was ultimately made absolute.

(2.) During the bail proceedings, when the accused appeared before the Magistrate for his trial, he was re-arrested as he was claimed by the Officer Commanding and remanded to Hajat pending arrival of military escort. On arrival of the escort, the accused was handed over to the military escort. One day after, he was sent back to the Sub-divisional Officer for keeping him in custody "until further orders." The Magistrate remanded the accused to Hajat but made a reference to the District Magistrate, Noakhali as he found no provision whereby the accused claimed by Court-Martial could be kept in civil custody.

(3.) A bail application was moved before the Sub-divisional Officer but he without either rejecting or granting it passed an order that the accused would be released on bail as per orders of the High Court, if he is not taken in custody by the military authorities. However, he was remanded from time to time to Hajat.