Right of accused to be released on bail when his first remand is illegal
Where an accused person is in judicial custody on the basis of a valid remand order passed Under Sections 209 or 309 Code of Criminal Procedure by the magistrate or by any other competent Court then such accused person cannot be set at liberty by issuing a writ of habeas corpus solely on the ground that his initial detention was violative of a constitutional guarantee enshrined in Articles 21 and 22 of the Constitution of India.
Allahabad High Court
Bal Mukund Jaiswal vs Superintendent, District Jail ... on 29 October, 1997
Equivalent citations: 1998 (1) ALT Cri 7, 1998 CriLJ 3343
Bench: D Mohapatra, G Malaviya, C Rahim
https://www.lawweb.in/2013/09/right-of-accused-to-be-released-on-bail.html
