B. N. Sapru, J. - (1.) THIS is an application for issue of a writ of Habeas Corpus filed by Suresh Tewari as also a bail application filed on behalf of Suresh Tewari.
(2.) THE applicant Suresh Tewari has been detained in jail in connection with offences under Sections 397/412 IPC, being Crime no. 33 of 1983 of P. S. Mau, district Banda and under Sections 25/27 Arms Act in Crime no. 51 of 1982 of the same police station. Banda has been declared a dacoity affected area under the U. P. Dacoity Affected Area Act, 1983 (U. P. Act No. XXXI of 1983). The offence for which the applicant Suresh Tewari is teing tried, were committed within the limits of Banda. After his arrest, Suresh Tewari was detained in pursuance of a warrant of arrest by the Special Judge, Banda. The Special Judge, Banda by his order dated 20-11-1982 consolidated the two Sessions Trials being Sessions trial no. 277 of 1982 and No. 278 of 1982 and framed charges against the accused persons including the applicant Suresh Tewari on 28-11-19X2.
(3.) BEFORE the trial of the accused persons could start, a transfer application was moved by the State in this court far transfer of Sessions Trials. The State Government by notification no. 1306/VII-A Nyaya-221/81 dated March 17, 1983 created a Court of Special Judge at Allahabad for the purposes of speedy trial of Sessions trial nos.277, 278 and 435 of 1982 pending in the Court of the Special Judge, Banda. The High Court in its administrative side appointed Sri P. N. Roy, the District and Sessions Judge, Allahabad as a Special Judge to try the cases. Sessions trial Nos.277, 278 and 435 of 1982 commenced before Sri P. N. Roy, Special Judge Allahabad, from 2-1-84 and is going from day to day and a number of witnesses have been examined. The accused persons are detained in Naini Central Jail under the orders of remand passed from time to time by the Special Judge, Allahabad, Sri P. N. Roy, who is trying the cases.;