UPADHAYAY YADAV v. STATE OF BIHAR

provisions relied upon by learned counsel for the State cannot be used to shift the petitioner from the general place of his trial for a long time. It is a temporary measure to curb the immediate general security threat, threat to witnesses as well as life of other citizens. Keeping a prisoner in a jail indefinitely in a far way jail where he is not wanted in any trial would infringe upon his fundamental right to speedy trial. In the aforesaid background as his continuance in Bhagalpur Jail is coming to an end on 21.8.2008 this court is not quashing the impugned order of his shifting/transfer from Jehanabad Jail to Bhalgapur Jail. In the circumstances, this court directs that once the petitioner completes the period of six months of imprisonment at Bhagalpur Central Jail ending on 21.8.2008, he should be brought back to Jehanabad jail to enable him to attend his trial. If the authorities are once again satisfied that in order to secure the - 3 - safeguard of life and property of other citizens it would be necessary to transfer the petitioner to other jail, they may pass appropriate order in this regard but only on the basis of cogent materials on record. The basis must be real and not a bald assertion. With the aforesaid observations, this application is allowed KHAN to the extent indicated above. (S.P.Singh,J)