SHAHINA PARVEEN WARIS KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the detention order of her husband made under Detention Order

(2.) Though several other grounds are also cited in the Petition, the Advocate of the Petitioner Ms.Ansari based her case on the aforesaid two grounds alone. These grounds can be considered separately.

(3.) Non- application of mind : The Petitioner was arrested on 26.8.2006 pursuant to a complaint registered with the relevant Police Station, inter alia, under the provisions of Sections 384 and 506 (II) of the Indian Penal Code under CR No.118 / 06. It has been the case of the complainant , one Manish Shyam Sharma, that the complainant was in the business of repairing mobile telephones. The detenu approached him and demanded to refill card of Airtel Mobile of Rs.120, Rs.125 and Rs.350, then a the demo card of Airtel Company and later a Nokia 6600 model mobile phone. Though the detenu was given what he demanded he never made payment of any of the purchases. For the last of the demands, the Complainant made bold to inform the detenu the price of the mobile phones sought to be purchased by him. The detenu did not make any payment but demanded the mobile phone. He threatened the complainant and abused him. The complainant mustered courage and submitted a written complaint against the detenu in Malvani Police Station on 24.8.2006. The detenu came to learn about it and so he attended the shop of the complainant and abused and threatened him further. He again demanded the mobile phone without payment of costs. A case came to be registered on 26.8.2006 under CR No.118 of 2006 against the detenu under the aforesaid provisions at Charkop Police Station. The detenu came to be arrested. Statement s of witnesses were recorded. On the next date it was a holiday. The detenu was produced before the Holiday Magistrate. He was remanded to the Police custody only till the next day. On 28.8.2006 he was again produced before the regular Magistrate Court and remained to the judicial custody until 11.9.2006. The detenu filed a Bail Application on 27.8.2006 itself. The learned Magistrate released the detenu on bail on 28.8.2006 on payment of cash security of Rs.3,000 / - and furnishing residential proof and attending before the Police Station on every Monday and Friday between 11.30 A.M. and 1.30 P.M. The detenu availed of the cash bail facility on the same day and and was released.