ALI HUSSAIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner through his father, Akbar Ali for quashing of order No. 11 of 2021 dtd. 28/9/2021 issued by the respondent No. 2 by virtue of which the petitioner has been detained under sec. 8 (1) (a) of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter to be referred as the Act).

(2.) It is stated that the petitioner after passing 7th standard started farming with his father. The petitioner for the first time in the first week of September, 2021 came to know that he has been implicated in FIR No. 69 dtd. 7/8/2021 for commission of offences under Sec. 382, 341, 147, 323, 336 and 34 IPC and as such, the petitioner surrendered himself before the SHO Police Station, Bagh-e-Bahu, Jammu. On the date of arrest i.e. 6/9/2021, the petitioner came to know for the first time that the Police of Police Station, Bagh-e-Bahu, Jammu has implicated him in four more FIRs i.e. FIR No. 39/2019 dtd. 2/5/2019 for commission of offences under Sec. 307, 323, 336, 427, 147 and 148 RPC and 4/25 Arms Act, FIR No. 49/2020 dtd. 4/6/2020 for commission of offences under Sec. 307, 341, 353, 147 and 148, 336 and 332 IPC, FIR No. 60/2020 dtd. 8/7/2020 for commission of offences under Sec. 8, 15, 21 and 22 of the NDPS Act and FIR No. 31/2021 dtd. 13/4/2021 for commission of offences under Sec. 307, 452, 382, 323, 336, 427, 147 and 148 IPC and 4 /25 Arms Act.

(3.) The petitioner also came to know that the challans in FIRs No. 31/2021 and 39/2019 have already been presented before the competent court in absence of the petitioner. The petitioner applied for grant of bail in three different FIRs. In FIR No. 69/2021, the petitioner was granted bail by the learned Sub Registrar (JMIC) Jammu vide order dtd. 24/9/2021 and the application for grant of bail moved before the aforesaid Magistrate on 22/9/2021. In FIR No. 60/2020, the petitioner was also granted bail vide order dtd. 27/10/2021 by the court of learned 2nd Addl. Sessions Judge, Jammu. In FIR No. 49/2020, the petitioner was granted bail by the court of learned City Judge, Jammu vide order dtd. 29/9/2021.