( 1. ) THIS is a petition under Articles 226 and 227 of the Constitution of India filed by the three petitioners, namely Raju alias Rajkumar, Santosh and Mahesh for issuance of a writ of Habeas Corpus on the following averments:

( 2. ) ALL the three petitioners were arrested on 6-4-1989 by Garha Police, in Crime No. 240/89 for an alleged offence under section 376/34 of the Indian Penal Code. They were produced before the Chief Judicial Magistrate, Jabalpur, who by a warrant issued on 7-4-1989 remanded them to judicial custody till 20-4-1989. Thereafter on 20-4-1989 as well as on several subsequent dates, the petitioners were produced before the Chief Judicial Magistrate who granted judicial remands from time to time in the absence of the petitioners and, therefore, it is alleged that their detention is illegal and they are entitled to be set at liberty by issuance of a writ of Habeas Corpus.

( 3. ) THE respondent/state had filed the return on 30-6-1989 through Shri C. D. Madan, Superintendent, Central Jail, Jabalpur, as Officer-in-charge of this case, candidly admitting that the petitioners were not produced before the Court on 20-4-1989; 4-5-1989; 18-5-1989 and 15-6-1989 d