JOSEPH EKKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. -This criminal writ petition has been filed by the petitioner with a prayer for setting aside the order dated 10.9.2010 passed by the learned CJM, Latehar in C.R. No. 591 of 2009 arising out of Mahuatanr PS Case No. 36 of 2009. It is further prayed that unless petitioner is not remanded in that particular case, he would not be able to me bail application or the case will not proceed ahead.

(2.) AT present, the petitioner is lodged in Gumla Jail in connection with Dumri Police Station Case No. 48 of 2009 in which case, he has been granted bail, but only on the strength of production warrant issued in connection with Mahuatanr P.S. Case No. 36 of 2009, he has been detained in custody.

(3.) I have perused the order dated 19.01.2010 and 10.9.2010 passed by the learned CJM in connection with C.R No. 591 of 2009. Only on the basis of production warrant, a person cannot be detained in custody and he is required to be produced before the court concerned at the earliest opportunity available, so that the case in which his appearance is required may proceed further.