AB RASHID JANDA Vs. STATE

JUDGEMENT

(1.) HEARD . Considered.

(2.) DETENU Abdul Rashid Janda has been detained pursuant to detention order No. DMS/PSA/18/2007 dated 16.07.2007. At the time of passing of the detention order detenu was already in custody in connection with case FIR 12/07 Police Station Khanyar, as well as in connection with FIR 32/07 for commission of offences punishable under Sections 302, 34/RPC and 7/27 Arms Act.

(3.) IT is during custody, the detention order in question has been passed, when the detenu had neither applied for bail nor had been granted bail. Under such circumstances detaining authority had to record compelling reasons. It is strange when a person is arrested in connection with offence punishable under Section 302/RPC and 7/27 Arms Act, what is the need of passing the detention order. The object of detention order is to deter a person from indulging in activities which shall be prejudicial to the security of the State. But when a person is shown involved to have committed offence, which carries the punishment of death or life imprisonment. There cannot be any chance of release on bail unless material/evidence collected during the course of investigation is not faulty or unless during the course of trial testimony of the witnesses shall not be such so as to ensure reasonable belief of commissions of such offences. How the detaining authority has derived the satisfaction that detenu is likely to manage bail or get released on bail shows clear non application of mind.