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Ikram and Anr. vs State of U.P.

Allahabad High Court · Decided on 20 May 2000 · Citation: (2000) 05 AHC CK 0123

HON’BLE JUDGES
B.K.Rathi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 167, 397
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 849 of 2000
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Judgment

6 paragraphs · 352 words

B.K. Rathi, J.—Heard Sri Raghuraj Kishore, learned Counsel for the applicants and the learned A. G. A.

2.

The applicants were arrested by the police of police station Lal Kurti, district Meerut on 622000 in Case Crime No. 62/2000 under Section 302/201,1.P.C The last remand of the applicants was sought on 1142000 under Section 167, Cr. P.C. Thereafter no chargesheet was submitted within ninety days and the applicants applied for bail. On that application, a report was called for from the police station concerned. The police reported that the investigation of this case has been transferred on 1532000 to Rajasthan State and no investigation is pending at the police station. On the basis of this report, the learned Chief Judicial Magistrate rejected the application for bail on the ground that he has no jurisdiction to grant the bail as investigation has been transferred to another State.

3.

The order of the learned Chief Judicial Magistrate is wholly against the provisions of law. The applicants are in detention in Meerut on the basis of remand under Section 167, Cr. P.C. given by the learned Chief Judicial Magistrate for offences under Section 302/201,1.P.C. but it is surprising that in the bail application he has mentioned that he has no jurisdiction to grant the bail. If the order is maintained, the applicants shall remain in jail indefinitely without any proper order for detention or remand to judicial custody.

4.

In the circumstance, I find that the impugned order of the learned Chief Judicial Magistrate is against the provisions of law. The applicants are lodged in Meerut jail on the basis of the remand of the Chief Judicial Magistrate under Section 167, Cr. P.C.

5.

In the circumstance, the revision is finally disposed of with the direction of the learned Chief Judicial Magistrate to release the applicant on bail on their furnishing bail bonds to satisfaction. He will also institute proper enquiry against the defaulting police officers asking them as to why the remand was sought on 1142000 though the investigation was transferred to Rajasthan State on 1532000 and shall pass proper orders.

Revision disposed of.