- (1.) D. C. Srivastav]a, J. Learned Counsel for the petitioners and learned A. G. A. have been heard.
(2.) THE petition is being finally dis posed of at the admission stage. Brief facts, essential for disposal of this petition, are that the petitioners are lodged in Tihar Central Jail, New Delhi, in connection with a case under Excise Act, on the basis of report No. 204 of 1996, dated 3-7-1996, registered at P. S. Vivek Vihar, Shahadra, New Delhi. In Case Crime No. 103 of 1996, under Section, 304 and 302, I. P. C. of P. S. Ramala, District Meerut the petitioners are also wanted. They applied for bail before the C. J. M. Meerut. The C. J. M. , Meerut had sent warrant B vide copy Annexure No. 4. A communication was received from the Superintendent, Central Jail, Tihar, New Delhi, contained in An nexure No. 5 that the petitioners were wanted in the Court of Sri S. K. Agarwal, Metropolitan Magistrate, Delhi and the next date fixed for their production was 19. 7. 1996. Only this much information was given and the petitioners were not trans ferred to District Jail, Meerut. Another communication, contained in Annexure No. 6, was received from the Superinten dent, Central Jail, Tihar, intimating that the petitioners can be transferred to Meerut Jail till pendency of the case in Delhi Courts. Some alternatives were also suggested in this communication as to how the petitioners can be sent to Meerut Jail and can be retransmitted to Tihar Central Jail, Delhi. It seems that no concrete steps were taken to follow the alternatives suggested in this communication. Bail application of the petitioners was rejected by the C. J. M. , Meerut with the observations that because the petitioners were not in physical custody before this Court the bail application cannot be enter tained and decided. It is this order which is under challenge in this petition.
(3.) A controversy was raised before the C. J. M. Meerut whether B warrant was ac tually issued to the Superintendent, Tihar Central Jail, New Delhi or not but this con troversy was decided in affirmative by the C. J. M. , Meerut and the communication from the Central Jail, Tihar New Delhi also confirms that B warrant was issued to the Superintendent of that Jail. Now the question is whether in these circumstances when the petitioners are will ing to submit to the jurisdiction of the Meerut Court and also to comply with the orders of the Meerut Courts should it be treated that petitioners are in custody for the purpose of Meerut Courts, in the special circumstances of the case, when for some technical reason or ineffective approach to the concerned authorities, matter for transferring the petitioners to Meerut Jail has not been materialized.;