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2024 Supreme(Del) 146

SURESH KUMAR KAIT, MANOJ JAIN
Dharam Narayan Gautam – Appellant
Versus
State Through Economic Offences Wing – Respondent


Advocates appeared:
Mr. Vishal Gosain, Ms. Rudrani Tyagi and Mr. Praney Sharma, Advocates, for the Petitioner.
Mr. Sanjay Lao, Standing Counsel (Crl.), Ms. Priyam Aggarwal, Mr. Abhinav Arya, Advocates with SI Lalit Kumar, EOW, Delhi.
Mr. Sanjay Beniwal, D.G Prisons with Mr. Pravir Kumar Singh, SCJ-3 Tihar, Delhi, Mr. Prashant Verma, Senior Law Officer, Tihar, Mr. Abhijit Shankar, Law Officer CJ-03, Delhi.

JUDGMENT (Oral)

1. Present petition, which is in the nature of Habeas Corpus, has been filed with the following prayer:

    "(a) Issue an order, direction or writ in the nature of Heabus Corpus, or any other appropriate writ order directing immediate release of the Petitioner from custody at Tihar Jail."

2. It is claimed that despite bail order and release order, he has been illegally detained by Jail Authorities.

3. As per status report dated 29.01.2024, it is admitted that bail order/release order of the petitioner was received in Jail on 20.01.2024. However, he was not released as there was one production warrants, albeit expired one, against him.

4. A wireless message was sent to DAP 3rd Battalion by Jail Authorities to depute appropriate guards to produce the petitioner before the Court of learned Civil Judge (Sr. Division) F.T.C, G.B Nagar, for further necessary directions in such out-station case pending there.

5. Since as per one previously received letter dated 14.12.2023 from Dy. Commissioner of Police, 3rd Battalion DAP, New Delhi, intimating that the DAP 3rd Battalion would not be in a position to discharge their duties for court production in Delhi & NCR from 19.01.2024 to 27.01

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