- (1.) S. C. Jain, J. This revision petition has arisen out of an order dated 17-7-1995 passed by Vth Addl. Chief Judicial Magistrate, Meerut in Criminal Case No. 1209 of 1995 (State v. Sajid and another) under Section 307 I. P. C. remanding the Applicants, Sajid and Rashid to jail custody.
(2.) IT has been alleged by the learned counsel for the applicants that no legal order was passed remanding the applicants to jail custody and the detention of the applicants being illegal, they should be released on bail. From the documents it appears that the case was yet to be committed to the court of Sessions, so the remand order may be made under Section 209 Cr. P. C. Reliance has been placed by the learned counsel for the applicants on a decision of this court made in "rajpalsingh v. State of U. P. " 1995 ACC Volume 32 (Part 2) page 155 in support of his contention. A perusal of the record shows that the applicants are in jail in connection with case crime No. 113 of 1995 under Section 307 I. P. C. police Lalkurti district Meerut purporting to have been registered in respect of first information report lodged by Neeraj Tyagi for an offence under Section 307 I. P. C. on 18. 4. 1995. The police has submitted charge-sheet for the alleged offence under Section 307 I. P. C. which was received in the court of Vth Addl. Chief Judicial Magistrate, Meerut on 19. 4. 1995. Immediately after receipt of the charge-sheet the learned Vth Addl. Chief Judicial Magistrate, Meerut sent the applicants to jail custody by remand warrant under Section 309 Cr. P. C. to be produced before him on 31. 7. 1995.
(3.) ADMITTEDLY a case under Section 307 I. P. C. is triable by the court of Sessions and the said case was not yet committed to the court of Sessions by the Vth Addl. Chief Judicial Magistrate. As the case was yet to be committed to the court of Sessions, the remand must have been made under Section 209 Cr. P. C. It appears that the Magistrate concerned without apjfcjication of mind passed the order of remand under Section 309 Cr. P. C. The law as it stands now after the decision of Madhu Limaye's case reported in AIR 1969 SC page 1014 is that the accused cannot be sent to jail without remand order and it must be passed applying the mind of the Court and must not be a routine or mechanical in nature. The remand should have been under Section 209 and not under section 309 Cr. P. C. In view of the facts and circumstances of the case, the revision petition is allowed.;