Hello Lnd. Friends,
I have a small confusion with regard to the scope of body warrant issyed by the magistrate under section 267 of Cr.P.C it is so happened that one accused is arrested and produced in 307 case and remanded to judicial custody susequently police sought his body warrant in another crime which is under 387 of IPC and he has been produced in that too and police filed chargesheet against him in that. susequently he released on bail from the second offence and the first case was still pending and he was remanded to judicial custody. later on the while the second case hearing date was there the accused couldnt attend the court as he was in judicial custody with other offence and the court issued NBW against him, it is after some hearing date in the second case court again issued body warrant to the accused by requisition of the police and on that body warrant he has not produced before the court, in the mean time accused got the bail in the offence under section 307 of IPC and release intimation has been sent to the jail but the jail authority is declained to set him free as the body warrant is pending against him.it is pertinent to note here is that the central prison in which he is detained is 600 KM far away from the court and its been 5 moths that the jail authority havent produced them before the court only the reason they give is lack of escorts. i tried to file an application to recall the body warrant but the magistrate declined to appriciate it telling ther is no provision in Cr.P.C to recall the body warrant like 70(2) for the NBW. at this juncture what am i supposed to do whether the jail authority empowered to declain from relesing him with the reason that body warrant is pending against him..? it is very expensive for the party to efford Habeous corpus as karnataka H.C is 400 KM far from our place. is there any settled law with regard to this ...? please do suggest considering the human rights of the accused
