ORDER : - These are 30 cases on the applications by Kali Charan under Ss.491 and 498, Criminals P.C. The facts appearing from the affidavits and the papers sent by the Additional District Magistrate, Farrukhabad are as follows.

2. Kali Charan applicant was arrested at Sikandrabad district, Bulandshahr on the 9th of January 1951 in connection with 3 warrants issued from the court of Shri R. K. Garg, Judicial Officer, Farrukhabad on the report of Shri Zahir Hussain, Inspector, C.I.D., I.B., Uttar Pradesh, Lucknow in three cases under Ss.420, 468, 471, 474 and 120B, I.P.C. relating to crimes Nos.90, 91 and 92 of police station Kotwali, Fatehgarh. The Sessions Judge, Bulandshahr released him on interim bail directing him to present himself at Fatehgarh within a week. The applicant complied with the order and Shri R.K. Garg, City Magistrate, Fatehgarh then ordered his release on the 18th of January in each case on bail on his executing a personal bond for Rs.10,000/- with two sureties each in the like amount in spite of objections of the police that two dozen cases were under investigation against him. The result was that the applicant had to furnish surety worth Rs.60,000/- to get his release in the three cases. He furnished the required security which after due verification was accepted by Shri R.K. Garg on the 29th of January 1951. On the 30th of January 1951 an application for cancellation of bail was presented to the same Magistrate. It was prayed that the accused be not released on bail. The Magistrate refused to cancel bail. This application is in file No.5 against Behari Lal co-accused.

3. The same day, i.e., on the 30th of January another application by Shri Zahir Hussain, Inspector, C.I.D. was presented to the same Magistrate. This application purported to be an application in case State v. Behari Lal alias Mukat Lal and others and after praying for remand of Behari Lal up to the 12th of February 1951 stated in paragraph 2:

"Kalicharan, Hemchandra and Ram Narain are also in jail under remand and they have also to be put up for identification. Therefore it is further requested that a remand upto 12-2-1951 may also be kindly sanctioned for these three accused." On this report Shri R.K. Garg granted remand. This started the series of unjustified remands which were granted on the 15th and the 26th of February, 14th and 28th of March, 11th and 26th of April, 10th and 18th of May and 5th and 18th of June 1951. It is noticeable that the remand on the 26th of April was granted even in the absence of any report from the Inspector of the C.I.D. who presumably was in charge of the investigation. The remand was granted on the report of the court-moharrir which was just submitted to the Magistrate by the Special Prosecuting Officer. The Court-moharrirs report simply stated that remand had not been received and it is hoped that 14 days remand be given. It was very irregular of the Magistrate to grant remand on such a report.

4. How Kali Charan happened to be in jail as mentioned in this application is a mystery. No application by the police is on either of the two records, viz., Case No.1 against Kali Charan and Case No.5 against Behari Lal in which file the remand orders against Kaii Charan had been passed. It is alleged in the affidavit by the applicant that before he could be really released on the furnishing of the required security in the three cases of Farrukhabad district he was ordered to be detained in custody in connection with three other cases for similar offences which were crimes Nos.173 of 1949 of district Mathura, crime No.25 of 1950 of Madras and crime No.20 of 1950 of Madras. No information about this seems to have been given to Shri R.K. Garg who granted bail, as the order-sheet dated the 2nd of February in file No.1 against Kali Charan shows that he had been released on bail. These warrants have not been submitted to this Court. The three warrants for interim custody dated the 18th of January 1951 which are signed by V.

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