KRISHANA DEVI Vs. J&K STATE

JUDGEMENT

(1.) THIS Habeas Corpus petition is filed by the wife of detenue Shri Beli Ram son of Ami Chand resident of Village Bain, Tehsil Samba challenging the order of detention No: 14 of 1987 passed by District Magistrate, Jammu under section 8 of the J&K Public Safety Act, 1978 (hereinafter called the. Act) on April 28, 1987.

(2.) IT is stated that some miscreants assaulted the petitioner and the detenue at his residence on April 9, 1987. The detenue went to lodge F. I, R at police station Samba. The police station, Samba instead of registering the F. I. R. detained the husband of the petitioner under section 3/25 of the Indian Arms Act. Pursuant to the said detention, an application was moved in the court of Sub Judge, Judicial Magistrate 1st Class, Samba for the release of the detenue on bail, which was granted after getting the police report by the learned Magistrate on April 13, 1987. Despite service of bail orders on the police station, the husband of the petitioner was not released. The petitioner then moved another petition before the said court, where the police submitted a report that the husband of the petitioner was required in case No: 65 of 1985 registered under section 379 of the RPC. When the court directed for the production of case diaries, the police reported that her husband is not required any more in case No: 65 quoted above.

(3.) IT is further stated that a third application was moved for the release of the petitioners husband on bail, as after the release under the above noted bail orders, the petitioners husband was re -arrested from Bus Stand Samba on the basis of warrants obtained by superintendent of police, CID, under section 3/6 I. P. A, 3/O. S. A. & 3/E A. Act. It is also stated that the petitioners husband was kept at District Interrogation Centre Jammu as well. On coming to know of the re -arrest of the petitioners husband, a petition was moved before Special Judge, Jammu for the grant of bail, learned Special Judge by his order dated April 27, 1987 after hearing both the parties and perusal of the case diaries directed the release of the petitioners husband on his furnishing surety bond in the amount of Rs. 5000/ - with two sureties and personal bond in the like amount.