Writ of habeas corpus

 The DB of Allahabad HC decides In view of the above consideration, we find respectfully that the second set of 

judgments of the Hon’ble Supreme Court are not binding precedents and hit by the 

principles of stare decisis.

88. On the basis of above considerations, our conclusions are as follows :

(i) A habeas corpus writ petition under Article 226 of the Constitution of India can 

be preferred by an accused before the court, at the earliest, if his initial remand is 

illegal and consequently his detention is illegal.

(ii) The filing of habeas corpus petition shall not be affected by rejection of bail 

application of the accused by the trial court only. Rejection of bail application of 

accused by High Court or the Supreme Court, would be a bar to entertainment of 

habeas corpus writ petition before Hon’ble High Court or Hon’ble Supreme Court 

since the bail application has been considered by the Bench of Hon’ble High Court 

or the Hon’ble Supreme Court and it would not be proper for another coordinate 

Bench