ORDER

Singh, J:- 1. This petition under section 482 of the Code of Criminal Procedure, 1973 (2 of 1974) [in short Cr.P.C.] has been preferred seeking quashment of order dated 22.6.2022 passed by the Court of Additional Sessions Judge, Jawad, Distt. Neemuch in Criminal Revision No.17/22, whereby order dated 10.6.2022 passed by the Court of Executive Magistrate/ S.D.M., Sub Division Jawad, Distt. Neemuch directing to detain the applicant in imprisonment for remaining period of the bond is over, was affirmed.

2. Brief facts giving rise to this petition are that SHO Police Station Jawad filed an Ishtagasa bearing No.38 dated 11.5.2022, under section 110 of Cr.P.C., before the Court of Executive Magistrate Jawad, Distt. Neemuch stating therein that applicant was involved in various crime relating to gambling, assault and threatening and had become danger to public at large, therefore, prohibitive order be passed against him. Learned Executive Magistrate vide order dated 1.6.2022 issued notice under section 111 of Cr.P.C. to the applicant and after his appearance on 3.6.2022, directed him to execute an ad interim bond of Rs.50,000/- for maintaining good behaviour until the conclusion of inquiry. On the very next date i.e. 4.6.2022, at about 16:55 hours, applicant alongwith his wife abused, threatened and assaulted Idreesh and his daughter Simran with iron pipe causing injuries to them and on the basis of a complaint made by Idreesh, FIR bearing Crime No.235/2022 for the offences punishable under section 341, 323, 294, 506 and 94 of IPC was lodged against him at Police Station Jawad, Neemuch.

As the applicant after furnishing a bond of Rs.50,000/- for keeping good behaviour, violated the conditions of bond and did not maintain good behaviour, SHO Police Station Jawad, Neemuch filed Ishtgasa No.04/2022 under section 122 of Cr.P.C. before the Court of Executive Magistrate, Jawad, Neemuch for confiscating the bond furnished by the applicant and also for sending him in custody for remaining period of bond is over. On the basis of which cirminal case bearing No.10/MJC/122/22, was registered against him, wherein learned Executive Magistrate issued notice to the applicant and thereafter, on 10.6.2022 recorded the statement of the applicant as well as investigating officer and on the same day vide impugned order dated 10.6.2022, confiscated the amount of bond furnished by the applicant and directed to detain him in imprisonment for remaining period of bond is over. Applicant filed criminal revision against the said order before the Court of Additional Sessions Judge, Jawad, Neemuch which was rejected vide impugned order dated 22.6.2022.

3. Learned counsel for the applicant submits that it is apparent from the record that the ad interim order dated 3.6.2022 passed by the Executive Magistrate, Jawad under section 116(3) of Cr.P.C. was passed in stereotype manner without commencing to inquire into the truth of the information alleged by the police. He further submits that it is also apparent from the Ishtgasa No.04/2022 dated 8.6.2022, filed under section 122 of Cr.P.C. that matter relating to Crime No.235/2022 for the offence punishable under section 341, 323, 294, 506 and 94 of IPC was under investigation and truth of the facts of the said FIR is yet to be investigated. At the relevant point of time except FIR, lodged by the Idreesh, nothing else was produced on record, therefore, the impugned order confiscating the applicant's bond and directing to detain him in imprisonment for remaining period of bond is over, was passed without any basis. He has placed reliance on the order dated 11.5.1982 passed by the Gauhati High Court in the case of Chadreshwar Bhattachargee v. State of Assam in Cr.R. No.4/1982 and the order passed in the case of DA Kumar & ors v. State of Chhatisgarh & another reported in 2011 sCC Online Chh 19 : (2011) 4 CGLJ 303..

4. earned counsel for the respondent/State has opposed the prayer and submits that applicant is a habitual