- (1.) O. P. Mehrotra, J. Heard the learned counsel for the petitioner and the learned A. G. A. Both of them agree that the matter may be finally disposed of.
(2.) APPLICANT Om Prakash Srivastava alias Babloo was detained in Lucknow Jail in connection with some other case. As he was wanted in the case Crime No. 226 of 1986 of P. S. Cantt, District Kanpur, under Section 363, I. P. C. a custody warrant was sent to Lucknow Jail, as he was to be put up for test identification in the present case. He was required to be transferred to Kanpur. However, by order dated 22-6-1987, of this Court it was directed that the test identification proceedings of this applicant in this case shall be held in District Jail, Lucknow and he shall not be transferred to District Jail, Kanpur for the purpose. Subsequently, the applicant has granted bail by the Sessions Judge, Kanpur by order dated 17- 11-1987. The grievance of the petitioner is that though he has been granted bail by the Sessions Judge, Kanpur and his release warrant was sent to District Jail, Kanpur yet he could not be actually released as he was detained in Lucknow Jail and the release Warrant has not been sent to Lucknow Jail. It has been alleged that the petitioner moved an application before the Chief Metropolitan Magistrate, Kanpur for sending the release Warrant to District Jail, Lucknow but no orders have been passed on the said application and the applicant is unnecessarily being detained in Lucknow Jail in the present case. There can hardly be any doubt as the petitioner has been granted bail in the present case. This release warrant should be sent to Lucknow Jail, where he is being actually detained. Accordingly, it is hereby ordered that the release warrant on the basis of the order dated 17-11-1987 passed by the Sessions Judge, Kanpur granting bail to vhe petitioner shall be sent to Lucknow Jail. The petition is disposed of accordingly. Petition allowed. .;