Section 269(c) of the Criminal Procedure Code clearly provides that where the person in respect of whom an order is made under Section 267 (i.e., production warrant) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to the Court a statement of reasons for so abstaining.
In view of this, if your friend is already on bail in one case and in the other case he has been ordered to be released from custody, then it is not correct on the part of the jailer to refuse to release him only on the ground that there is a production warrant in the first case. In such a situation, the aforesaid legal provision under Section 269(c) Cr.P.C. will come into play and the jailer need not comply with the production warrant and can send a statement to the court about the fact that his custody has already expired. And, your friend could have been released from custody (if there was no other custody order, as you appear to be suggesting). In such situation, the detention may amount to illegal detention.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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