RAM PARGAS Vs. EMPEROR

JUDGEMENT

(1.) This application has been moved on behalf of Ram Pargas under Section 491, Criminal P.C., read with Secs.339 and 561A of the same Code for the stay of the order, passed by the learned Sub-Divisional Magistrate of Karchana, on 29-5- 1946, directing him to present himself before the authorities of the Rewa State and for quashing all the proceedings relating to his arrest. The applicant has further prayed that he be released from any obligation to surrender to the bail bonds executed under the orders of the said Sub-Divisional Magistrate.

(2.) The applicant is a resident of village Daron, police station Karchana, in the district of Allahabad. He was arrested in his village on 28-2-1946, by the Station Officer of Sohagi in the Rewa State and was handed over for custody to the Station Officer of Karchana.

(3.) At the time of his arrest on 28 February the Station Officer of Sohagi was not in possession of any warrant of arrest. On 6-3-1946, an application was moved before the Sub-Divisional Magistrate, Karehana, praying for the release of the applicant on bail. The Sub-Divisional Magistrate called for a report from the police and fixed 8 March for hearing. On 8-3-1946, another application was moved on behalf of the applicant before the Sub-Divisional Magistrate and the legality of his arrest was questioned inter alia on the ground that there was no warrant for his arrest and that the offence which he was said to have committed was not extraditable. On that date without going into the question of the legality of his arrest, the Magistrate granted him bail.