ARUNSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the petitioner has prayed that his friend Daljitsingh r/o Pagnis Paga, Indore, who has been illegally arrested by the police on 19. 7. 1984 at 8. 00 a. m. from his house and is in custody be ordered to be released. According to the petitioner the grounds of his arrest were not disclosed to the detenu and that the detenu has been deprived of his (liberty) otherwise than in due course of law.

(2.) IN the return filed on behalf of the respondents it is stated that the detenu was arrested on 19. 7. 1984 at 11. 45 a. m. in front of Gurudwara Imil Saheb, Yeshwant Road Chouraha, Indore where he had collected a crowd and was inciting the public on Punjab situation and that it was necessary to arrest him to prevent breach of peace. He was arrested under the provisions of Section 151 of the Code of Criminal Procedure (for short 'the Code') and was immediately produced before the Sub-Divisional Magistrate, Indore. A challan under Section 107 of the Code was also filed against him. The learned Magistrate ordered issuance of a notice to the detenu why he should not be required to furnish security in the sum of Rs. 10,000/- for a period of six months to maintain peace. It is further stated that on that very date the learned Magistrate passed an order under Section 116 (3) of the Code directing the detenu to furnish interim security in the sum of Rs. 10,000/- to keep the peace during the pendency of the case against him and that as the detenu failed to furnish the security he was put in judicial custody and he continues to be in judicial custody in the district Jail. Indore.

(3.) WE have heard the learned Counsel for the parties and perused the record produced before us.