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TMI Blog2023 (5) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... nly a short reply by way of an affidavit dated 08.05.2023 had been filed on the limited aspect. 2. Learned senior counsel for the petitioners has submitted that petitioners No. 2 and 3 also deserve the benefit of interim bail, as has been granted to petitioner No. 1, rather they are better placed as no non-bailable offence is made out qua them. Referring to the FIR, learned senior counsel for the petitioners asserts that the allegations, if any, primarily are against petitioner No. 1 under the SC and ST (Prevention of Atrocities) Act, 1989. 3. As regards petitioner No. 2, there is no allegation except for some arguments which he entered into with the complainant and the others. No other overt act has been attributed to him. 4. As regards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Learned Additional Advocate General for the respondent-State contends that the petitioners had an option to move an application under Section 439 Cr. P.C., which remedy they have not availed of till date. 7. When confronted with the fact as to whether the custody of petitioners No. 2 and 3 would be in accordance with law irrespective of the fact that there is an order passed by the Judicial Magistrate and the Special Court for their judicial custody, the counsel could not support the said orders of the Courts on this aspect as no non-bailable offences against petitioners No. 2 and 3 are made out. He, however, insists that there being an order passed by the competent Court remanding them to judicial custody, their custody cannot be said t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of remand at the hands of the Duty Magistrate as also the Special Court. It appears that at no stage, the provisions of the Statute were actually gone into or seen. In a mechanical manner, initially the Arresting Officer and thereafter, the Judicial Officers proceeded to pass orders of arrest and remand. Continuance of a citizen in custody without there being a mandate of law i.e. illegal custody cannot be permitted. A Court and that too, a Constitutional Court, when comes to know of the same, cannot shut its eyes to the same. Would it be appropriate to a citizen to continue in incarceration when it is not only apparent from the allegations but an undisputed position that petitioners No. 2 and 3 have not committed the alleged offences whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de clear that any opinion, as has been expressed by this Court in the order above, is not a conclusive opinion as of now and it is for the purposes of protecting the constitutional rights of the petitioners that the power has been exercised. 15. Learned senior counsel for the petitioners asserts that he would move an appropriate application for formally impleading the complainant as a party respondent to the petition although she had been intimated about the pendency of these proceedings as informed to this Court on 08.05.2023 in compliance of the order dated 06.05.2023. This Court is also of the view that the complainant needs to be heard before the petition can be decided as has been framed and prayers made therein. 16. Learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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