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1982 Supreme(SC) 173

R.B.MISRA, D.A.DESAI
Biru Mahato – Appellant
Versus
District Magistrate, Dhanbad – Respondent


JUDGMENT

D. A. DESAI, J. :— By our order dated Oct. 8, 1982, the order of detention dated Feb. 5, 1982, made by the District Magistrate, Dhanbad, against detenu Biru Mahato was quashed and set aside by us further stating that the reasons would follow. Here are the reasons.

2. Detenu Biru Mahato was arrested on Jan. 13, 1982, on the allegation that he was involved in two incidents which occurred, first at 5. p. m. and the second at 5.30 p. m. on Jan. 12, 1982. In the first occurrence detenu and his associates appear to have committed offences under Ss. 341, 323 and 506 read with Sec. 34 of the Penal Code. F. I. R. led to registration of the offences at Bagmara Police Station numbered as 25 (1)/82. F. I. R. No. 24 (1)/82 has been registered at Bagmara Police Station for offences under Ss. 307 and 323, I. P. C. After his arrest the detenu was confined in prison. In respect of the first occurrence bail application of the detenu was accepted but in respect of the second occurrence the bail application was rejected by the learned District & Sessions Judge, Dhanbad on Feb. 12 1982. In the meantime the District Magistrate, Dhanbad, made an order on Feb. 5, 1982, in exercise of powers confer















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