Allahabad High Court
Hafizur Rahman Alias Munna vs State Of U.P. on 4 April, 2019
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- BAIL No. - 9973 of 2018
Applicant :- Hafizur Rahman Alias Munna
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the accused-applicant as well as Sri G.D. Bhatt, learned A.G.A. appearing for the State.
Learned counsel for the applicant while referring the order passed by this Court dated 13.03.2019 passed in Bail No. 9973 of 2018 pertaining to Case Crime No. 137 of 2018, under Section 8/20 N.D.P.S. Act, P.S. Nawabganj, District Bahraich to release the applicant on bail, submits that despite the order of this Court granting bail to the applicant, the Additional District and Sessions Judge, Court No.4, Bahraich, despite the submission and acceptance of the sureties, has not forwarded the release order to the prison. He further submits that the court concerned on the pretext of verifying the identity and status of the applicant has detained the applicant in prison, while the sureties have been accepted after there status has been verified by the concerned Tehsil and the Police Station and since the accused-applicant was in jail in this matter, therefore, there was no need to establish his identity as he was placed in the prison after a remand order was obtained by the Magistrate concerned, when accused was produced before the Magistrate. He further submits that the court below has acted illegally.
Learned A.G.A. submits that there was no occasion for the court concerned for not forwarding the release order to the prison when otherwise surety bond and personal bond of the accused-applicant was accepted by the court.
Keeping in view the material placed before this Court, I am of the considered view that despite the order of this Court to release the accused-applicant on bail, the court below i.e. Additional District and Sessions Judge- IV, Bahraich despite accepting the surety bonds, after the same have been verified by the concerned police station and Tehsil, has not forwarded the release order to the prison on the pretext that the identity, status and resident of he applicant is verified. It appears that a very unusual and strange course of action has been adopted by the Presiding Officer of the court below. When the accused/ applicant was being remanded in judicial custody regularly by a competent Magistrate, there cannot be any question mark pertaining to his identity. Therefore, there was neither any necessity nor any occasion for the Additional District and Sessions Judge, Court No.4, Bahraich to thwart the order of this Court in the garb of verifying the identity, status and resident of the applicant.
It appears in the interest of justice that an explanation be obtained from the Presiding Officer of the court of Additional District and Sessions Judge-IV, Bahraich namely, Sri Suresh Chand-II as to under what circumstances, the release order of the applicant was not sent to the prison when the surety bond on his behalf has been accepted by the court concerned as the same has been verified by the concerned police station and Tehsil. There appears no necessity to get the identity, status and resident of the applicant further verified when the applicant himself has been challaned by the police and no question mark on the identity of the accused-applicant has been put by any one including police and more so he is being regularly remanded to the judicial custody by orders of a competent Magistrate/Court.
The explanation as directed by this Court be positively submitted within three days from today through concerned District Judge.
The Senior Registrar of this Bench is directed to sent a copy of this order to the District Judge, Bahraich immediately through E-mail/ fax for the purpose of serving on the Presiding Officer of the court concerned.
List this case on 08.04.2019.
Order Date :- 4.4.2019
Abhishek Singh
