GULAB CHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Petitioner by this Petition under Article 226 of the Constitution seeks issuance of a writ of habeas corpus for his release.

(2.) THE police of Sakarpur police -station, Delhi, registered crime No. 165/81 for offences under sections 385, 365, 342, 344, and 364 of the Indian Penal Code against the petitioner. By order dated 7th July 1981 the petitioner who is a resident of Datia was granted anticipatory bail in the sum of Rs. 15,000 by the Additional Sessions Judge, Sahadara, Delhi. By the same order the petitioner was directed to appear before the police at Datia on 10th July 1981. When the petitioner appeared as directed before the police at Datia, be was arrested and released on the basis of the order of the Additional Sessions Judge, Delhi. The petitioner was again arrested on the same date, i.e. 10th July 1981, for an offence under section 11 of the Madhya Pradesh Dakaiti Prabhavit Kshetra Adhyadesh, 1981 (hereinafter called the Ordinance) in connection with crime No. 215/81 registered in Kotwali Datia.

(3.) IT will thus appear that the petitioner has been directed to be released on bail for offences registered in Delhi and Gwalior and he continues to be under detention because of his arrest under section 11 of the Ordinance. The petitioner moved for bail in the Gwalior Bench of the High Court for this offence also but the application was rejected by Navkar, J., on 10th September 1911. The petitioner in this petition contends that his arrest for the offence under section 11 is wholly illegal for on the material before the police there could pot exist any reasonable suspicion for the commission of the said offence 6r grounds for believing that the accusation or information against him is well founded to warrant his arrest and detention under sections 41 and 167 of the Code of Criminal Procedure, 1973 and the petitioner's arrest and detention are in violation of his fundamental right under Article 21 of the Constitution. It is the correctness of this contention which we have to examine in this petition.