Article text
(1) An application for habeas corpus may be made to the High Court by any person restrained otherwise than in pursuance of an order duly made under this Code or the Criminal Procedure Code.
(2) The application shall be accompanied by an affidavit by the ap- plicant stating the name of the oerson under whose custody he is, the nature and place of the restraint and the nattles of the per- sons, if any, who can testify to the facts alleged in the application.
(3) Where the person restrained if for whatever reason unable to make the application andJor affidavit himself, the same may be made by any ~ on his behalf aDd the affidavit shall then slale . CIVIL PR.OCEDURE CODE the name of the penon restrained and that he is unable to make the application and/or affidavit himself. Art. 1'71. SrI1Itmo1uto fl/IJI«IT
(I) On JeCeiviq-8D application UDder Art. 177, the High Court shall forthwith issue a summons directing the person under whose custody the n:stra,iDcd penon is to appear before the High Court together with thb latter person on such day al shall be fIxed in the summons and tb-sbow cause why the person restrained should not be relC:ased.
(2) Summonses shall also be issued for the appearance of such per- sons as may be able to testify to the facts alleged in the applica- tion. Art. 119- Hearing oj. and decision OIl,app!iClltion
(I) On the day fixed in the summons ISSuedunder Art. 178, the court shall investigate the truth or otherwise of the facts alleged in the application and may make with regard to evidence such orders as it thinks fit.
(2) Where the court is satistied that the restraint is unlawful, it shall ordec the immediate release of the person restrained and the person under whose custody the person restraind is shall not- withstaDding any other orders or instructions to the coutrary, by any penon or authority forthwith rdase that person.
(3) Where the court is in doubt as to the truth or otherwise of the facts alleged in the application, it inay order the release of the per- son restrained on his executing a bond, with or without sureties, that he will appear in any court on any future day on which his appearance may be required and comply with such other order as the. court ordering release may think fIt to make in the circumstan- ces. CII.APfER
6. JUDGMENTS AND D~ PARAGRAftI I. GENERAL PROVISIONS Art. 1 Judgment whenpronounced After a suit has been heard, the court shall pronounce judgment in CIVIL PROCEDURE CODE 61 open court either at once or , as soon thm:after as may be pacticable., on some. future day to be fWd by the court.
