Rajasthan High Court
K.S. Lodha, J.
Dewa Ram - Appellant
Versus
The State of Rajasthan - Respondents
S.B. Criminal Misc. Bail Application No. 346 of 1983
Decided On : September 16, 1983
2. So far as the question of release of the accused on bail on the merits of the case is concerned, the learned counsel has tried to point out certain inherent weaknesses of the prosecution story but looking to all the facts and circumstances of the case, at this stage I am not prepared to enlarge the accused on bail as the main eye witness Jhumar Ram, who is also the first informant, has not been examined as yet it may be mentioned here that a perusal of the order sheets of the learned Sessions Judge would reveal that the prosecution alone cannot be said to be wholly responsible for the delay in the examination of this wit-ness. It appears that even after the direction of this Court dated 29.6.83, the witness could not be examined on same dates, because incidentally on the same dates, knowingly or unknowingly the bail application was got fixed for hearing before this court and on that account probably the case diary was not available there. Be that as it may, the fact remains that Jhumar Ram has not been examined and in the circumstances of the case, at this stage, it would not be proper to enlarge the accused on bail. I would also not, therefore, like to discuss the alleged infirmities of the case at this stage.
3. Now coming to the additional ground, it may be stated that the question whether on account of the alleged illegal detention for some period, of the accused though thereafter he may have been remanded to custody by a proper; valid order should or should not be a ground for release of the accused on bail, has been a matter of divergent opinions before this Court. In Rati Ram vs. State of Raj. (1), a learned single Judge of this Court was of the view "once an order of remand expires and a fresh order of remand is not passed then the detention becomes illegal, The liberty of an individual is guaranteed under the provisions of the Constitution. By a subsequent order of remand for a subsequent period, the previous order of detention which was patently illegal, cannot be cured. However, it is argued that the subsequent detention justified by orders of remand would cure all illegal detention. If this argument is accepted as such then t
(7) V.B.G. & G.O.M.C. Co. vs. State of A.P. (AIR 1972 SC 51)
(1) Rati Ram vs. State of Rajasthan (1982 RLR 443)
(2) Kana vs. The State (1979 RLW 538)
(3) Taju Khan vs. The State of Rajasthan (1983 RLR 100)
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