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1987 Supreme(SC) 94

M.M.DUTT, A.P.SEN
Ram Dass Ram – Appellant
Versus
State Of Bihar – Respondent


Judgment

In this petition under Art. 32 of the Constitution for grant of a writ of habeas corpus, the only question is whether the detention of the petitioner at the Central Jail, Buxur is without any lawful authority. It appears from the counter-affidavit of the Superintendent, district Jail, Arrah that the Sub-Divisional Magistrate, Buxur had remanded the petitioner to the Central Jail, Buxur in the year 1978 in connection with case registered under GR 476/78 pertaining to commission of offences punishable under Ss. 147, 148, 323 and 324 of the Indian Penal Code, 1860. Thereafter, the petitioner on the strength of a production warrant was transferred to the District Jail, Arrah to stand his trial in Sessions Case No. 75/79 in the Court of the 4th Additional Sessions Judge, Arrah. The petitioner was convicted by the learned Additional Sessions Judge by his judgment dated August 21, 1980 for having committed an offence punishable under S. 302 of the Indian Penal Code and sentenced him to imprisonment for life. On appeal being preferred, the High Court by its judgment in Criminal Appeal No. 371/80 allowed the appeal and set aside the judgment and conviction recorded by the learned Ad




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