NEMI CHAND JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ application is for issuance of appropriate writ directing the respondents to release the petitioner Nemi Chand Jain from illegal and unauthorised confinement at Dhanbad jail for the following reasons:

(2.) THE main ground taken up by Mr. Mahabir Prasad, the learned Counsel for the petitioner, is that by keeping the petitioner in Dhanbad jail after grant of bail by order dated 9.8.2007 he may not be sent to Delhi Court for remand under the provisions of Section 267, Cr PC. Learned Counsel has further stressed that two cases pending before the Courts of Magistrates at Jamshedpur were ignored and he was intentionally not being sent to Jamshedpur depriving him from constitutional right in spite of the production warrant issued far back on 25.5.2006, 21.7.2006 and 25.4.2007. Therefore, his detention in the Dhanbad Jail may be declared illegal and petitioner be directed to be released forthwith.

(3.) WE have heard both sides on the petition and counter affidavit. The petitioner's release order has been received by the respondent No. 2 on 16.8.2007. It further appears that during this period, Special Judge, Delhi has issued a requisition for production of the petitioner in connection with RC Case No. 5(E)/2005. Respondent No. 2 has finally shifted him to Delhi where he was remanded properly in Tihar Jail. It further appears that the petitioner is facing charges of the different offences before the Courts at Jamshedpur as well as Delhi.