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 superintendent of District Jail, Patna, sent a letter to the District Magistrate giving all these various particulars.
The Judgment of the Court was delivered by 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.
and on March 5, 1958, it was stated that he was in danger of death but was likely to improve if released.
April 17.
These rules may kindly be seen and necessary orders passed.
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.
226 of the Constitution and s. 491 of the Criminal Procedure Code for a writ of habeas companypus in the matter of detention of one Bipat Gope.
It appears from the petition of the respondent under Art.
It was also stated therein that he would improve if he was released This was on February 21, 1958.
Appeal by special leave from the judgment and order dated June 2, 1958, of the Patna High Court in Cr.
Upon this on March 3, The companyplications of the disease i. e. of ventral hernia, peotic under and strees and strain syndrome sometime prove fatal.
The present respondent was the petitioner in the High Court.
134 1 c having been dismissed by the High Court.
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.
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.
The Civil Surgeon of Patna on March, 1, 1958, again enquired from Dr. N. Sinha if the prisoner Bipat Gope was in danger of death from illness.
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 why their surety bonds should number be forfeited.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
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.
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 disease Bipat Gope was suffering from and that he was riot improving under the treatment he was being given.
By the same order numberbailable warrant for arrest was ordered to be issued.
242 of 1960.
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 an opportunity to present his case to the High Court and to avoid.
On an application by the respondent and on 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.
On April 29, 1958, Bipat Gope moved a petition under Art.
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.
124/58.
S. R. Chari, D. P. Singh, B. K. Garg, S.C. Agarwal, and K. Ramanurthi, for the respondent.
From the sentence sheet of release from the Jail autho rity it appears that the prisoner has only 4 four months and 3 three days unexpired period of sentence.
The earlier petition of Bipat Gope filed in the High Court was withdrawn on May 2, 1958.
P. Verma for the appellant.
226 that the respondent made an application for the release of Bipat Gope on the ground that he was seriously ill.
his maltreatment at the hands of the police of which he was apprehensive.
It is against that order that the State has companye to this Court by special leave, its application under Art.
