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2023 (5) TMI 1265 - PUNJAB AND HARYANA HIGH COURTGrant of Interim Bail - appropriate forum - non-bailable offence - petitioners contends that the custody of petitioners No. 2 and 3 being illegal, they need not to keep in custody merely because the petitioners have, instead of approaching the trial Court, approached the High Court by way of present petition - HELD THAT:- Keeping in view the facts and circumstances of the present case, where on the bare reading of the FIR and as per the short reply, which has been filed by the respondents, the factual aspect is not disputed with reference to the allegations against the petitioners especially with regard to petitioners No. 2 and 3. The said allegations in the FIR do not make out an offence which would be non-bailable qua them. Under those circumstances, firstly, the officer, who had taken these two petitioners in custody, could not have done so without making them aware of the fact that they could avail of the remedy of release on submission of bail bonds or surety. The same would be the position as regards the order 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. These being prima-facie the principled questions, which need to be decided apart from the other issues, as has been raised in the present petition and by the State, as recorded in the order dated 06.05.2023 as also mentioned by the learned Additional Advocate General, Punjab today and recorded above, as an interim measure, therefore, this Court grants interim bail to petitioners No. 2 and 3. Mr. Mritunjay Kumar son of Sh. Satish Rai and Parmender Singh Rawat son of Sh. Rajendra Singh are ordered to be released on interim bail to the satisfaction of the Judicial Magistrate/Duty Magistrate, Ludhiana. Hearing of the case is deferred to 22.05.2023.
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