Madhya Pradesh High Court
Shailesh Kumar vs The State Of Madhya Pradesh on 11 December, 2017
1
M.Cr.C.No.21055/2017
Shailesh Kumar & others Vs. State of M.P.
Jabalpur, dated 11.12.2017
Shri Abhijit Mishra, learned counsel for the applicants.
Shri Aseem Dixit, learned Government Advocate for the
respondent/State.
This is first application under Section 439 of the Cr.P.C. for grant of bail on behalf of applicants Shailesh Kumar, Roshan Khan and Bhagwan Das Vaishya in connection with Istagasa No.3/2017 for offences under Sections 379 of the IPC, 41(1-4) of the Cr.P.C. and 3 read with 7 of the Essential Commodities Act. The applicants are in judicial custody since 27.10.2017 in the aforesaid offence.
The undisputed position in this case is that no FIR has been registered and the applicants have been kept in custody since the date of arrest i.e. 27.10.2017 only on the basis of an Istagasa.
This Court has already held in M.Cr.C. Nos.6270/2017 and 6260/2017 that an individual cannot be held under Section 41 of the Cr.P.C. by way of an Istagasa for more than 24 hours and that the Magistrate cannot remand, if there is no FIR registered in the case. However, the application under 2 Section 439 of the Cr.P.C. cannot be maintainable, where there is no FIR registered against the applicants.
Under the circumstances, this Court is inclined to exercise plenary power under Section 482 of the Cr.P.C. and direct that the applicants shall be released forthwith as the detention of the applicants has been rendered illegal.
With the aforesaid observations, the petition stands disposed of.
(Atul Sreedharan) Judge C. Digitally signed by CHRISTOPHER PHILIP Date: 2017.12.12 22:54:12 -08'00'