- (1.) Heard Sri. Raza Zaheer on behalf of the applicant and Sri. Bireshwar Nath and Sri. Janardan Singh for the State.
(2.) Ranjeet Kumar Singh alias Laddo Singh is involved in Crime No. 496 of 1994, P.S. Aliganj, Lucknow under Sections 302/120B, I.P.C. The deceased Sri. Susheel Kumar Misra was posted as Chief Engineer, Mandi Parishad, Uttar Pradesh, Lucknow. On 7.8.1994 at about 7 a.m. he along with his 7 years' old daughter Nishtha left his house for the usual morning walk. Their relation Sri. Satya Dev Sharma was reading newspaper outside in the Verandah and close to him deceased's brother Ashok Kumar Misra was enjoying tea. Sri. Susheel Kumar Misra and Nishtha could hardly proceed a few paces when two scooter borne miscreants appeared on the scene. One of them, who was sitting on the pillion of the scooter fired shots at Sri. Susheel Kumar Misra. On the arrival of the witnesses, the miscreant escaped on the scooter. Sri. Misra was seriously injured and ultimately succumbed to his injuries. The F.I.R. of the case was lodged by Vinod Kumar Misra, younger brother of the deceased. It was mentioned in the F.I.R. that the deceased had earned the wrath of certain persons and certain contractors in the performance of his official duties. The assasins being not known to the informant were not named in the F.I.R The complicity of the applicant emerged during investigation.
(3.) At present the applicant is confined in Faizabad Jail in connection with another murder case, that is Crime No. 326 of 1989 of P.S. Cantt. Faizabad under Sections 147/148/149/302/323/308. I.P.C. The case at Faizabad is still pending committal to the Court of Sessions. Learned Counsel for the applicant has informed that the applicant had been earlier granted bail in the murder case at Faizabad, but after the present incident he himself got his bail bonds cancelled and surrendered and since then he is confined in Faizabad Jail and on 30.8.1994 the Chief Judicial Magistrate, Lucknow passed order under Section 267 of the Code of Criminal Procedure (for short, the Code) for the production of the applicant before him at Lucknow for the purpose of remanding him to custody in the present case. Production warrant has also been sent to the officer-in-charge of the Faizabad Jail, but the order of the learned Chief Judicial Magistrate, Lucknow has not been carried out so far by the offlcer-in-charge of Faizabad Jail with the result that the applicant could not be brought to Lucknow and remanded to custody in connection with the present murder case at Lucknow. The applicant moved a bail application before the learned Chief Judicial Magistrate, Lucknow on 5.9.1994 but his application has been rejected on 7.9.1994 by the learned Chief Judicial Magistrate, Lucknow on the ground that the applicant has not been remanded to custody in the present case and, therefore, he had no jurisdiction to entertain the ball application.;