1987 INSC 0051
                                                   Ram Dass Ram

                                                           Vs

                                            State of Bihar and Another

                                    Writ Petition (Criminal) No. 519 of 1985

                                             (M. M. Dutt, A. P. Sen JJ)

                                                      27.01.1987

                                                        ORDER

1. In this petition under Article 32 of the Constitution for grant of a writ of habeas corpus, the only
question is whether the detention of the petitioner at the Central Jail, Buxur is without any lawful
authority. It appears from the counter-affidavit of the Superintendent, District Jail, Arrah that the
Sub-Divisional Magistrate, Buxur had remanded the petitioner to the Central Jail, Buxur in the year
1978 in connection with case registered under GR 476/78 pertaining to commission of offences
punishable under Sections 147, 148, 323 and 324 of the Indian Penal Code, 1860. Thereafter, the
petitioner on the strength of a production warrant was transferred to the District Jail, Arrah to stand
his trial in Sessions Case No. 75/79 in the Court of the Fourth Additional Sessions Judge, Arrah.
The petitioner was convicted by the learned Additional Sessions Judge by his judgment dated
August 21, 1980 for having committed an offence punishable under Section 302 of the Indian Penal
Code and sentenced him to imprisonment for life. On appeal being preferred, the High Court by its
judgment in Criminal Appeal No. 371/80 allowed the appeal and set aside the judgment and
conviction recorded by the learned Additional Sessions Judge and acquitted the petitioner. Despite
the release warrant issued by the High Court, the petitioner was continued to be detained at the
District Jail, Arrah since he had to stand his trial before the Second Additional Sessions Judge,
Arrah in Sessions Case No. 86/82 for having committed alleged offences under Sections 307 and
327 both read with Section 34 of the Indian Penal Code. The learned Sessions Judge by his
judgment dated August 14, 1986 recorded an order of acquittal and directed the release of the
petitioner unless he was wanted in some other case. After the disposal of these cases, the petitioner
instead of being released was transferred from the District Jail, Arrah to the Central Jail, Buxur on
November 30, 1986 i.e. after his Court had on November 10, 1986 issued notice to the government,
on the strength of a production warrant issued by the Judicial Magistrate, Buxur to face his trial
under Sections 147, 148, 323 and 324 of the Indian Penal Code.

2. In the facts and circumstances of the case, there can be no doubt that the petitioner is being
wrongfully detained at the Central Jail, Buxur without any lawful justification. As already stated, he
had been acquitted of the charge under Section 302 of the Indian Penal Code by the High Court in
one case and thereafter by the Second Additional Sessions Judge. Arrah of the charge under
Sections 307 and 324, both read with Section 34 in another case. Thereafter there was no warrant
for detaining him in jail. It is unfortunate that the learned Judicial Magistrate, Buxur without
applying his mind to the facts of the case, should have for the mere asking issued a production
warrant. The petitioner has been in jail for more than eight years and even if he were to be
convicted for having committed the alleged offences punishable under Sections 147, 148, 323 and
324 of the Indian Penal Code, he would have in the meanwhile served out the sentence.
3. The writ petition is accordingly allowed and it is directed that the petitioner he released forthwith.
The proceedings before the Judicial Magistrate, Buxur are quashed.

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