RANSHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioners Nos. 1. 2 and 3 have been convicted under Section 225, I.P.C., and the petitioner No. 4 has been convicted under Section 224 of the Code, and sentenced to terms of imprisonment, and the point for determination in this rule is whether the warrant, in virtue of which the petitioner No. 4, Posan Singh, was arrested by the Police, was a lapsed warrant at the time of the arrest, that is, on the 29 October 1908.

(2.) The rule was issued on the ground that the warrant was not one falling under Section 75 (2), Criminal Procedure Code, but under Section 76, and that as the conditions in the endorsement had become impossible of fulfillment, the warrant could not be executed after the 26 October 1908.

(3.) The facts are these: Posan Singh was accused of an offence under Section 147, I.P.C. The Magistrate issued the warrant in question with a provision endorsed for bail to be taken for the appearance of the accused on the 26 October. Posan Singh did not appear on that date. He was arrested on the same warrant, on the 29 idem, but he was rescued and escaped from Police custody. Hence the conviction of the petitioners for the offences we have specified.