RAM KISHAN DAS Vs. STATE

JUDGEMENT

(1.) By this jail petition Ram Kishan Dass, who is under detention because of his failure to furnish the bond for a sum of Rs. 5,000.00 with two sureties of the same amount under section 116 (3) of the Code of Criminal Procedure, challenges his detention and the proceedings initiated against him.

(2.) I am deciding the petition on a question of law and would refer only to those facts which are necessary to decide the question.

(3.) The record shows that by an order of November 6 1975 Mr. R.S. Sethi, Sub Divisional Magistrate (Shahdra) ordered the arrest of the petitioner under section 111 of the code and his production before him. The relevant part of the order reads : "Where information has been laid before me that there is reason to that Shri Ram Kishan Dass son of Kedar Nath R/o 314, Shakula Gali, Shahdara, (?) to commit a breach of the peace and that such breach of the peace cannot be prevented than by immediate arrest of Shri Ram Kishan Dass." A copy of the order passed by the Magistrate under section 111 of the Code was directed to be served on the petitioner. The petitioner was arrested on November 19, 1975, and was produced before the Magistrate on November 20, 1975. The Magistrate passed the following order : "Resp. produced before me today. Case to come up on 5-12-75." Order of 5-12-1975 reads : Respondent is present in custody. Case to come up on 19-12-1975." There are two orders dated December 19. 1975 at two different places on the record. One order reads thus : "Respondent is not produced from Central Jail. Issue robkar for app. for 2-1-76." However, the order of the same day on another paper reads : "Respondent is present in custody. Case to come up on 2-1-76" Thereafter 11 dates of hearing were fixed till May 15, 1976 and on every hearing the case was adjoured for calling for the prosecution evidence. The last order adjourned the case to May 22, 1976 for the same purpose.