- (1.) G. Malviya, J. Heard Sri Prem Prakash learned Counsel for the applicant and Sri S. N. Singh, learned Government Advocate for the state.
(2.) THE grievence of the applicant is that although he is confined in District Jail Sultanpur, the Courts at Bulandshahr are not interfering his bail application on the ground that the applicant accused was not in custody of that Courts. In support of this contention, learned Counsel for the applicant has filed the photostat copy of the certified copy of the order dated 17. 9. 91 passed by the Court of Chief Judicial Magistrate Bulandshahr in Crime No. 249/91. Sikanderabad under Sections 147, 148, 149, 302 and 436 I. P. C. as also the copy of the order dated 18. 9. 91 passed by the Addl. C. J. M. Khurja, in Crime No. 75/91, P. S. Khurja Dehat under Section 364 I. P. C. It is further alleged that similar orders were passed by other Courts of Bulandshahr which have also been annexed alongwith the supplementary affidavit. These orders are in respect of Crime No. 105a/91 of P. S. Gulawati, Crime No. 105-6 of 1991, P. S. Gulawati, Crime No. 105-C of 1991 and Crime No. 106 of 1991 of P. S. Gulawati. Learned A. G. A. has been fair enough to say that if the applicant is in actual custody and if applicant files a certificate from Jail where he is confined to the effect that he is in custody then the Court's should consider the bail application of the applicant and the order passed by the Court concerned that the applicant is not in this custody hence the Court would not be consider the bail is not an order in accordance with law.
(3.) ACCORDINGLY it is directed that in the event of the certificate from the jail being produced by the applicant before the courts concerned as is mentioned above, the courts shall treat the applicant to be in custody and thereafter consider his bail application in accordance with law. Learnecd Counsel for the applicant also stated that he has reasons to harbour a suspicion that the jail authorities would not issue to him. The certificate that he is in jail. This suspicion is baseless. The Jail, authority detaining a person, has to issue a certificate to the person asking the authority and on which the Jailor is keeping him in his jail. Accordingly there should be no difficulty for the applicant to obtain a certificate from the Superintendent of Jail where he is confined so that he may be in a position to produce, the said certificate before the Court where he wants his bail matter to be considered.;