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Akil Ahmad @ Guddu v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 11988 of 2006 [2006] RD-AH 17426 (10 October 2006)


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Court No. 36

Criminal Misc. Writ Petition No. 11988 of 2006

Akil Ahmad @ Guddu Vs State of U.P. & others

Hon'ble Sushil Harkauli, J.

Hon'ble Pankaj Mithal, J.

The petitioner has been directed to be released on bail by order of the Chief Judicial Magistrate, Varanasi in Case Crime No. 146 of 2000, u/s 324 IPC of P.S.-Sigara, District-Varanasi.  He has not been released by the jailer, despite  issue of release warrant by the Magistrate because the petitioner is wanted in another Case Crime No. 546 of 2006, u/s 302/120-B IPC and 2/3 Gangster Act of P.S. Haldwani, District-Nainital and because of warrant of production u/s 267 Cr.P.C. issued by Judicial Magistrate-Haldwani, District-Nainital.

The date mentioned in the production warrant issued by Judicial Magistrate, Haldwani has passed and therefore, the learned counsel for the petitioner relies upon a very technical argument and upon the decision of a Division Bench of this Court in the case of Nabbu Vs State of U.P. reported in 2006 (55) ACC 361 for the proposition that production warrant which has expired cannot authorize detention.

The petitioner seeks a writ of mandamus to the jailer to release the petitioner from custody forthwith.

Where the accused is wanted in two separate criminal cases, and has been granted bail only in one case, normally he is not to be released unless granted bail in the other criminal case also.

It appears to us that on the technical ground aforesaid the petitioner wants to be released so that he can abscond and not appear in murder trial in which he is wanted.  

In the circumstances, we are unable to exercise our discretionary jurisdiction to grant this kind of relief. The writ petition is accordingly dismissed.




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