2023:BHC-AS:23532-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY varsha CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1162 OF 2023 Siddant alias Siddharth Sanjay Marathe R/o Bldg. No.2, Pratik Nagar Opp Jaibhavani Nagar, Kothrud, Pune(at present Kolhapur Central prison, Kolhapur)

… Petitioner vs.

1. Commissioner of Police, Pune City

2. The State of Maharashtra (through Addl. Chief Secretary to Government of Maharashtra, Mantralaya, Home Department, Mantralaya, Mumbai. 3. The Superintendent, Kolhapur Central … Respondents Prison, Kolhapur.

Ms. Jayshree Tripathi, for the Petitioner.

Mrs. M.H. Mhatre, A.P.P for the State.

CORAM : REVATI MOHITE DERE &

GAURI GODSE, JJ.

DATED : 25th JULY 2023 JUDGMENT(PER: GAURI GODSE, J.)

1. This petition is filed to challenge the order of detention dated 7^th February 2023 passed by the Respondent No.1-

Commissioner of Police, Pune City, Pune, against the petitioner in the exercise of the powers under sub-section 2 of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-

marketing Essential Commodities Act, 1981 (‘MPDA Act’).

2. Respondent No.1, while passing the order of detention, has relied upon one CR bearing No. 258 of 2022, registered against the petitioner on 26^th October 2022 for the offences punishable under sections 307, 504, 506 of IPC and section 37 (1)(3)/135 of Maharashtra Police Act and under section 4(25) of Arms Act. The order of detention indicates that the allegation in the said CR against the petitioner is that he had abused the complainant and created terror by taking out an iron sickle hidden in his shirt with the intention to kill and brandishing it on the complainant’s head. The detaining authority has further referred to the statements of the witnesses recorded during the investigation. The detention order further reveals that the petitioner was arrested on 28^th October 2022 and was remanded to police custody on 31^st October 2022 and, thereafter, remanded to judicial custody till 13^th November 2022. The petitioner was granted bail on 23^rd November 2022, and the CR registered against the petitioner is under investigation.

3. The detaining authority has reproduced the gist of the in- camera statements, which refer to the incidents of 24^th October 2022 and 22^nd October 2022. The gist of the in-camera statements reveals that the witness alleged that the petitioner have abused and assaulted them for money and created terror.

4. The learned counsel for the petitioner has raised various grounds in the petition. However, pressed into the ground raised in clause(g) of paragraph 5 of the petition, which reads as under:-

“ (g) The Petitioner says and submits that in the solitary relied on C.R. for passing the detention order i.e C.R. No. 258 of 2022, the Petitioner was granted bail by the Hon’ble Ld Sessions Judge, Pune on 23.11.2022. (Annexed at EXHIBIT-G). The Hon’ble Sessions Judge granted bail to the Petitioner placing his reliance on an (Exhibit-5) which had information that the Complainant sustained injuries due to “skid and fall from bike’, there was also a discharge card taken into consideration. The Petitioner says and submits that this vital aspect considered by the Sessions Court has not been taken into consideration by the detaining authority even through the bail order was placed before the detaining authority. The Petitioner says and submits that failure to consider this vital aspect/ reason by the Ld. Sessions Judge while granting bail to the Petitioner cannot be without substance while arriving at his subjective satisfaction and pass the said detention order. This amounts to non-application mind of the detaining authority. The order of detention is illegal and bad-in-law for non- application of mind, liable to be quashed and set aside.”

5. Learned counsel for the petitioner submitted that the learned Sessions Judge while granting bail to the