A writ petition under Article 226 seeking habeas corpus for release of detenu Vijay Kumar was disposed of as infructuous because the detenu was released after furnishing bail/surety bonds on 06.09.2017, making the claim of illegal detention moot.
Petition disposed of as infructuous; no specific relief granted.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Writ Petition No.1014 of 2017 Date of decision: 07.08.2018
Kanwaljeet Singh
..Petitioner
Versus
Union Territory of Chandigarh and others
..Respondents
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. R.S. Dhaliwal, Advocate for Mr. R.S. Bains, Advocate for the petitioner.
Mr. Sukant Gupta, Addl. PP, UT Chandigarh.
Daya Chaudhary, J. (Oral)
This petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for directing respondents to release detenu-Vijay Kumar, who was illegally arrested and confined in Model Jail, Burail under Sections 107 and 151 Cr.P.C.
Learned counsel for UT Chandigarh submits that the detenu was asked to furnish bail/surety bonds but he was not able to furnish the same in the proceedings under Sections 107 and 151 Cr.P.C. and thereafter, he furnished bail/surety bonds on 06.09.2017 and was released from the Jail. Learned counsel also submits that the present petition has become infructuous and it cannot be said to be a case of illegal detention as the detenu could not be released in absence of furnishing bail/surety bonds.
Learned counsel for the petitioner submits that the petitioner is
NEETU RANI 2018.08.14 10:24 I attest to the accuracy and authenticity of this document Chandigarh
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Criminal Writ Petition No.1014 of 2017
entitled for compensation.
Since the detenu has been released from the custody on furnishing bail/surety bonds, the present petition is disposed of as having become infructuous.
However, in case, the petitioner is still aggrieved in any manner, he is at liberty to avail the appropriate remedy.
| 07.08.2018 | (DAYA CHAUDHARY) | |
|---|---|---|
| neetu | JUDGE | |
| Whether speaking/reasoned | Yes | |
| Whether Reportable | No |
NEETU RANI 2018.08.14 10:24 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petition for habeas corpus to release the detenu is maintainable given his subsequent release under bail.
3 provisions across 2 enactments
Kanwaljeet Singh
Union Territory of Chandigarh
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
