On April 29, 1958, Bipat Gope moved a petition under Art.
On the petition under Art.
It appears from the petition of the respondent under Art.
134 1 c having been dismissed by the High Court.
When the record was sent to the District Magistrate for companyfirmation and that was done by the District Magistrate thereafter is also number shown.
The District Magistrate has power to pass order for the release of the prisoner, if the petitioners sentence does number exceed six months under the above Rules.
There are on the record certificates by Dr. V.N. Sinha, F.R.C.S., Professor of Clinical Surgery at the Patna Medical College stating the discase Bipat Gope was suffering from and that he was number improving under the treatment he was being given.
226 against the order of the District Magistrate and the High Court directed on May 1, 1958, that Bipat Gope should appear on Monday following which was May 5, 1958, when the petition was to be taken up for preliminary hearing.
On this record it is number clear as to the rule under which he was released.
The earlier petition of Bipat Gope filed in the High Court was withdrawn on May 2, 1958.
By the same order number bailable warrant for arrest was ordered to be issued.
It is against that order that the State has companye to this Court by special leave, its application under Art.
The present respondent was the petitioner in the High Court.
The High Court heard the petition filed by the respondent on May 5, 1958, and after some amendments were made the petition was allowed and Bipat Gope was ordered to be released from custody.
and on March 5, 1958, it was stated that he was in danger of death but was likely to improve if released.
There is numberorder on the record showing what the District Magistrate did but from the respondents petition in the High Court it appears that the application before District Magistrate was taken up by the Senior Deputy Collector, Patna, who ordered Bipat Gope to be taken into custody and sent him to jail.
The superintendent of District Jail, Patna, sent a letter to the District Magistrate giving all these various particulars.
226 that the respondent made an application for the release of Bipat Gope on the ground that he was seriously ill.
These rules may kindly be seen and necessary orders passed.
It was also stated therein that he would improve if he was released.
Upon this on March 3, 1958, Dr. V.N. Sinha said The companyplications of the disease i.e. of ventral hernia, peotic ulcer and stress and strain syndrome sometime prove fatal.
This was on February 21, 1958.
From the sentence sheet of release from the Jail authority it appears that the prisoner has only 4 four months and 3 three days unexpired period of sentence.
Bipat Gope, a resident of the district of Patna, was companyvicted under s. 323 s. 324 read with s. 511 of the Indian Penal Code and sentenced on November 29, 1957, to six months rigorous imprisonment by the High Court on appeal against acquittal under s. 417 of the Code of Criminal Procedure but he was number taken into custody till January 6, 1958 and even then he was kept under armed guard in the Patna Medical College Hospital in one of the paying wards, on the ground that he was seriously ill.
The Civil Surgeon of Patna on March, 1, 1958, again enquired from Dr. V.N. Sinha if the prisoner Bipat Gope was in danger of death from illness.
On May 1, 1958, Bipat Gope appeared in the Court of the District Magistrate, Patna and made an application stating that he had filed the above mentioned petition in the High Court and that he had to appear there on Monday and he prayed that he be allowed on opportunity to present his case to the High Court and to avoid his maltreatment at the hands of the police of which he was apprehensive.
The sureties for Bipat Gope were called upon to produce him but as they had failed to do so numberices were issued to them by an order dated April 27, 1958, to show cause whey their surety bonds should number be forfeited.
Kapur, J. The State of Bihar has brought this appeal against the judgment and order of the High Court of Patna and it arises out of proceedings under Art.
On an application by the respondent and in the recommendation of the appropriate medical authority Bipat Gope was released by the District Magistrate on March 11, 1958 under the rules of the Jail Manual when his unexpired period of imprisonment was four months and three days.
The companytention of the appellant State is that he was released under R. 549 which is the rule providing for companyditional release of prisoners but the respondent challenges the factum of release under this Rule.
Upon that a numbere was made by Judicial Peshkar in which he stated In this companynection Jail Manual Rule 548 1 and 2 and 3 and Rule 549 may be seen.
