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1993 DIGILAW 33 (PAT)

Abhimanyu Rai v. State Of Bihar

1993-02-01

A.N.CHATURVEDI, OM PRAKASH

body1993
Judgment Om Prakash, J. 1. Heard learned counsel for the petitioner and J.C. to S.C.I. Also perused the report dated 15th January, 1993, submitted by the Chief Judicial Magistrate, Giridih, kept at Flag "A". Also perused letter, No. 489 Of the Superintendent District Jail, Giridih dated 22nd April, 1992 addressed to the Chie Judicial Magistrate, Giridih. Referring to the certified copy of order sheet of the learned Chief Judicial Magistrate, Giridih in G.R. No. 1774 of 1991 arising out of Bengabad P.S. Case No. 112 of 1991, State V/s. Unknown. (Annexure-2) learned counsel for the petitioner has submitted that the petitioner Abhimanyu alias Manu Rai son of Sate Rai of village Barodih, P.S. Gandey, District Giridih was arrested and produced before the C.J.M., Gairidih in this case on 10-11-1991 and thereafter he has never been produced before the C.J.M. and as such his detention is illegal. 2. Letter No. 489 dated 22nd April, 1992 of the Superintendent District Jail, Giridih shows that he informed the C.J.M. Giridih that for several months under trial prisoners are not being taken from the Jail to his Court for want of proper, escort and the prisoners who are not being produced before the Court are making complaint in the matter and discontentment is prevailing in those prisoners specially female prisoners. A request was made to the C.J.M. for issuing necessary direction for proper production of the under trial prisoners before him. 3. It appears that having seen in on 2-5-1992 such letter of the Superintendent District Jail, the C.J.M. ordered for sending a copy thereof to the Superintendent of Police, Giridih for providing sufficient police force for the said purpose. 4. The report of the C.J.M. dated 15-1-1993 has been submitted to this Court in compliance of this Courts order dated 6-1-1993. The C.J.M. has reported that due to paucity of constables, the prisoners are not being produced in his Court. When he asked the Jail Superintendent Giridih in this connection, he sent a letter No. 489 dated 22-4-1992 referred to above intimating that the Court Jamadar had told him that he could not take the prisoners for production in his Court for want of sufficient number of constables. When he asked the Jail Superintendent Giridih in this connection, he sent a letter No. 489 dated 22-4-1992 referred to above intimating that the Court Jamadar had told him that he could not take the prisoners for production in his Court for want of sufficient number of constables. The C.J.M. has further reported that then he immediately sent a copy of the above letter of the Jail Superintendent to the Superintendent of Police, Giridih with a request to provide sufficient police force for the said purpose, but the Superintendent of Police, Giridih has done nothing so far. In the case of the petitioner also only his custody warrant is being sent. He has added in his report that the police has submitted an interim charge-sheet on 6-2-1992 against this petitioner and further investigation is still going on. The letter of the Superintendent, District Jail and the report of the C.J.M. disclosed the shocking affairs of things. It is shocking to the conscience that prisoners including female prisoners are not being produced before the C.J.M. as per requirement of law and months after months arc passing and the Superintendent of Police, Giridih docs not appear to have Chosen to provide proper scot for the purpose. 5. Apparently the detention of the petitioner is illegal and without sanction of law. There appears no exec use to keep him in detention any longer. We considered it fit and proper to order for his release forthwith to secure the ends of justice and to respect the law of the hind. We, therefore, order that the petitioner be released forthwith from illegal detention or execution of bond of Rs. 5,000.00 (Fivethousand)" with two sureties of the like amount each to the satisfaction of the C.J.M. Giridih in connection with Bengabad P.S. Case No. 112 of 1991. 6. The office is directed to send down a copy of this order immediately. This petition stands disposed of as above.