THE STATE OF BIHAR versus RAMBALAK SINGH AND OTHERS

THE STATE OF BIHAR versus RAMBALAK SINGH AND OTHERS

The High Court has jurisdiction under Article 226 to grant bail to a detenu detained under Rule 30 of Defence of India Rules, 1962, pending final disposal of a habeas corpus petition. However, the exercise of this jurisdiction is circumscribed by considerations special to such proceedings, particularly those relevant to the object of preventive detention under the Rules.

Parties
Appellant: State of Bihar; Respondent: Rambalak Singh; Intervener: C. K. Daphtary, Attorney-General; B. R. G. K. Achar
Jurisdiction
India
Judgment Date
17 January 1966
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment and Order Dated November 24, 1965 in Criminal W.j.c. No. 126 of 1965
Outcome
Appeal dismissed
Legal Topics
Habeas Corpus, Preventive Detention, Jurisdiction of High Courts, Interim Bail, Article 226, Defence of India Rules
Constitutional Law Criminal Law Habeas Corpus Preventive Detention Jurisdiction of High Courts Interim Bail Article 226 Defence of India Rules

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Parties

State of Bihar

Appellant

Rambalak Singh

Respondent

C. K. Daphtary, Attorney-General; B. R. G. K. Achar

Intervener

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment and Order Dated November 24, 1965 in Criminal W.j.c. No. 126 of 1965

Legal Issues

  1. 1 Whether High Court has jurisdiction to grant interim bail in habeas corpus proceedings where detention is under Rule 30 of Defence of India Rules, 1962

Ratio Decidendi

The High Court has jurisdiction under Article 226 to grant bail to a detenu detained under Rule 30 of Defence of India Rules, 1962, pending final disposal of a habeas corpus petition. However, the exercise of this jurisdiction is circumscribed by considerations special to such proceedings, particularly those relevant to the object of preventive detention under the Rules.

Court Disposition

Appeal dismissed

Orders

  • No change to High Court's order granting bail to the detenu Rambalak Singh; appeal brought solely for jurisdictional determination.