STATE OF GUJARAT Vs. JASWANTSINGH PURENSINGH

JUDGEMENT

(1.) The present application is filed by the State against the order passed by the learned City Sessions Judge Ahmedabad on 16/04/1986 in Criminal Revision Application No. 107 of 1986. By the said order the learned City Sessions Judge has allowed the revision application and set aside the order dated 7-4-1986 passed by the learned Metropolitan Magistrate Court No. 4 at Ahmedabad in connection with the Crime Register No. 161 of 1986 of Kagdapith Police Station insofar as it relates to Jaswantsingh Purensingh the opponent No. 1 here. By the said order it was further ordered by the learned City Sessions Judge that on Jaswantsingh furnishing a bond in the sum of Rs. 10 0 with one solvent surety in the like amount he shall be released on bail.

(2.) It may be stated that that the facts of the case have been elaborately stated by the learned City Sessions Judge in his judgment and hence it would not be necessary to state the facts in detail. However short facts which are necessary for the purpose of deciding this revision application may be stated as under:

(3.) Jaswantsingh the opponent No. 1 herein has been arrested by the Police of Ahmedabad attached to Kagdapith Police Station on 6/04/1986 in connection with the offences registered at C. R. No. 161 of 1986 at Kagdapith Police Station. the offences registered at the said C. R. are the offences punishable under sec. 222 223 225 120 read with 114 I.P.C as also secs. 3 & 4 of the Terrorist and Disruptive Activities (Prevention) Act 1985 (hereinafter referred to as the Terrorist Act). the Police produced Jaswantsingh before the learned Metropolitan Magistrate Court No. 4 at Ahmedabad and requested to handover him on remand in police custody for 60 days. The learned Metropolitan Magistrate by his order dated 7-4-1986 directed to handover Jaswantsingh and other two persons with whom we are not concerned in the police custody on remand for a period of 20 days. Against the said order of the learned Magistrate Kartarsingh Purensingh the brother of the opponent No. 1 Jaswantsingh filed the Criminal Revision Application No. 107 of 1986 before the learned City Sessions Judge praying for setting aside the order of remand passed by the learned Magistrate and further praying that Jaswantsingh should be ordered to be released on bail.