HABEAS CORPUS PETITION CONVERTED INTO PROTECTIVE PRE-ARREST BAIL

HABEAS CORPUS PETITION CONVERTED INTO PROTECTIVE PRE-ARREST BAIL 

S.491&498… Habeas corpus petition converted into protective pre-arrest bail application, Petitioner filed present petition under section 491,CrPC. Seeking recovery and production of detenu from rhw illegal custody and confinement of Station House Officer (SHO), Plea of petitioner was that some persons made as assault on the detenu, where after he was medically examined at a health center and that detenu was arrested in registration of FIR but instead police arrested him without justification and cogent reasons, Plea of Police was that detenu was arrested in connection of FIR in which he was nominated as an accused, Validity, Benefit of High Court was deputed to recover detenu from the police station where he was detained, Benefit could not entry of arrest of detenu in the daily dairy, Report of bailiff and medico-legal certificate of detenu revealed that he was brought to health center by police, FIR for which detenu ws allegedly arrested, did not mentioned his name and instead name of some other person had been arrayed therein as an accused, Bailiff reported that file of the said FIR was also not available in the police station and was statedly in the custody of police officer, who was not present in the police station at the time of bailiffs visit, Neither complainant of said FIR not Station House officer was present in court to account the veracity of said FIR, Prima facie non-production of te record before the bailiff was not only disobedience of te order of the High Court but also an effort to show the arrest of detenu by concerned police official, admittedly detenu was not produced before any court of Law, Detention of detenu was illegal and unlawful in such circumstance, Since arrest of detenu was illegal therefore before any court of Law, Detention of detenu was illegal and aunlawful in such circumstances, Since arrest of detenu was illegal therefore he was granted protective pre-arrest bail and set at liberty, Habeas corpus petition was disposed of accordingly.

2013 PCrLJ 1240