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2021 Supreme(All) 371

MUNISHWAR NATH BHANDARI, SHAMIM AHMED
Mahesh Dayal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Bhavya Sahai, Brijesh Sahai (Senior Adv.).
For the Respondent: G.A., Vinay Saran (Senior Adv.).

JUDGMENT :

1. Heard Sri Bhavya Sahai, learned counsel for the petitioner, Sri Pradeep Kumar Mishra holding brief of Sri Vinay Saran, Senior Advocate for the respondents and the learned A.G.A.

2. A writ of habeas corpus has been filed alleging illegal detention of the petitioner.

3. Learned counsel for the petitioner submits that an FIR was registered against the petitioner followed by many other FIRs on same set of facts. The bail was granted to him in few cases but the petitioner has not been released. The petitioner is detained pursuant to B-Warrant though the detention pursuant to B-Warrant is not permissible.

4. Learned counsel for the petitioner has made reference of the judgment of Madras High Court in the case of K.S. Muthuramalingam vs. State dated 01.07.2010 in Habeas Corpus Petition No.1151 of 2010. There a reference of judgment of the Apex Court in the case of Ram Dass Ram vs. State of Bihar and another, AIR 1987 SC 1333 has been given. It has been held that detention pursuant to P.T. Warrant is illegal if the accused has already been acquitted or granted bail. In the instant case, the petitioner has been granted bail in the criminal case registered against him, thus the sai

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