Petitioner filed a habeas corpus writ seeking release of a detained individual whose sentence had expired. State counsel stated the petitioner is in custody in unrelated FIRs as per a Supreme Court direction. The court found no interference called for and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana at Chandigarh
Crl. Writ Petition No. 812 of 2006 Date of Decision:March 26, 2009
Utsav Singh Bains
---Petitioner
versus
State of Punjab and others
---Respondents
Coram: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Gurmit Singh,Advocate, for the petitioner
Ms. Manjari Nehru Kaul, DAG Punjab
Mr.Ajay Kaushik,Standing counsel for UOI.
SABINA, J.
Utsav Singh Bais-petitioner has filed this petition under Article 226 of the Constitution of India for issuance of writ in the mature of habeas corpus for production and release of the detenue namely Rehmat Ali son of Sh. Akbar Ali from the illegal custody of respondent No. 2 since completion of his sentence of eight years.
Learned State counsel has stated that the petitioner is in judicial custody in FIR No. 218 dated 6.11.2008 under Sections 21/25/29/61/85 NDPS Act, 25/54/59 of Arms Act, 308 IPC, registered at Police Station Jandiala Guru, District Amritsar(City) and FIR No. 295
Crl. Writ Petition No. 812 of 2006
-2-
dated 6.11.2008 under Sections 21/25/29/61/85 NDPS Act, 25/54/59 of Arms Act, 489 A,B,C IPC, registered at Police Station Sadar Ferozepur and in FIR No. 66 dated 16.10.2007 under Sections 307/34 IPC, 21/29/61/85 NDPS Act, 25/54/59 Arms Act and 14 F Act registered at Police Station Sarai Amant Khan, District Amritsar, the petitioner has since been arrested and case is under investigation. Payment of the due amount has also been made to the petitioner.
In view of the submissions made b y the learned State counsel, no further interference by this Court is called for. Petition stands disposed of accordingly.
(SABINA)
JUDGE
March 26, 2009 PARAMJIT
Utsav Singh Bains
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
