1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2226 OF 2009 Mohd. Shakil Mohamed Nisar Shaikh ...Petitioner Versus Commissioner of Police, Mumbai, & Ors. ...Respondents Mr. U.N. Tripathi for the Petitioner Mrs. A.S. Pai, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: OCTOBER 9, 2009 P.C.:- Counter is filed. 2. The petitioner has been detained by order dated 8th December, 2008 of the Commissioner of Police under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. 2 This detention had been made mainly on a fact that the petitioner was involved in offences under Sections 452, 457, 376(2)(g), 506(ii), 342 read with Section 34 of the Indian Penal Code registered under C.R. No. 249 of 2008. 3. Two co-accused were also detained by an order of same date. One of the co-accused, viz., Dayanand @ Daya Madhukar Shedge, challenged his detention by way of Criminal Writ Petition No. 1196 of 2009. One Nasib Baig Zahoor Baig challenged his brother-in-law’s detention by Criminal Writ Petition No. 1873 of 2009. In all these petitions, there are same grounds of detention and same grounds for challenging the detention. One of the grounds on which this Court quashed the order of detention in Criminal Writ Petition No. 1196 of 2009 was that the Detaining Authority had no material before him that the detenu was going to be released as he was facing serious offences in the case registered against him. In the earlier case, the detenu had moved a bail application but had withdrawn it. But it is stated that in 3 Criminal Writ Petition No. 1873 of 2009 and present case, the detenues did not even move bail applications. 4. Therefore, for the reasons given by us in Criminal Writ Petitions No. 1196 and 1873 of 2009, this petition is allowed, the Order of Detention dated 9th December, 2008 issued by the Commissioner of Police, Mumbai, against the detenu, Mohd. Shakil Mohamed Nisar Shaikh, is sets aside and the detenu be released forthwith, if not required in any other case. BILAL NAZKI, J. A.R. JOSHI, J.