Uday Chand – Appellant
Versus
Sheikh Mohd. Abdullah, Chief Minister, Jammu And Kashmir – Respondent
Based on the provided legal document, the key points are as follows:
The court clarified that individuals who have been granted anticipatory bail should not be taken into custody unless they commit a subsequent offence, and if arrest becomes necessary, the authorities must inform the court promptly (!) .
The court directed the State to file an affidavit within one week addressing allegations that two petitioners had their heads shaved after being taken into custody, and if true, the responsible authority must disclose under which authority this was done [1000289710002].
The court ordered the State to file an affidavit regarding allegations made against the police officer concerning a statement about the officer’s arms being longer than those of the court [1000289710002].
Petitioners, having been granted bail, are to be treated as free citizens and shall not be taken into custody or handcuffed unless they commit a subsequent offence [1000289710003].
The court expressed concern that the petitioners were subsequently arrested for other offences after being granted bail without informing the court, which was considered a breach of elementary courtesy and a violation of the bail order [1000289710004].
The court emphasized that the petitioners should be treated as free citizens despite any subsequent arrests that are contrary to the bail order [1000289710004].
The State was directed to produce data regarding the arrest of a specific petitioner for offences under the Penal Code at the next hearing [1000289710005].
The matter was scheduled for further hearing on a specified date, ensuring continued judicial oversight (!) .
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( 1 ) MR Kacker, who appears on behalf of the State of Jammu and kashmir, has made a statement before us that all the four persons namely, Uday Chand, Shiv Kumar, Ashok Kumar and Bansi Lal have already been released on bail inpursuance of the Order passed by this court on 2/03/1981. If that be so, there is no question of the petitioners being in custody any longer. We direct that Ashok kumar against whom an FIR under S. 307 of the Penal Code is alleged to have been lodged, shall present himself before the Magistrate concerned on the due date for his appearance viz. 16/03/1981. Until 16/03/1981, Ashok Kumar shall not be taken into custody except in respect of an offence committed by him hereafter. In theevent it becomes imperative to arrest Ashok Kumar for any such alleged offence committed by him hereafter, the authorities concerned shall give intimation to this court of such arrest promptly.
( 2 ) WE direct that the State shall file, through an officer properly informed in that behalf, an affidavit in this court within one week from today in regard to the allegations made by the petitioners that the heads of two of them were shaved off after they were taken into custody. If it be
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