1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2334 OF 2007 PETITION NO. 2334 OF 2007 PETITION NO. 2334 OF 2007 Santosh Vishnu Jugdar ... ... Petitioner (Detenu) Vs. The Commissioner of Police ... ... Respondents Greater Mumbai & Others. Mr. Pankaj Kavate for the Petitioner. Mr. D.S. Mhaispurkar, Public Prosecutor for Respondents. CORAM CORAM CORAM : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. DATE DATE DATE : 29TH FEBRUARY, 2008 : 29TH FEBRUARY, 2008 : 29TH FEBRUARY, 2008 P.C. P.C. P.C. : : :- 1) This petition is filed by father of the detenu detained by an order of detention dated 26/4/2007 in terms of the provisions of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981. 2) The counter affidavit has been filed. We have heard the learned counsel for the parties and also gone through the record. 3) The case can be disposed of on a short 2 ground that the detaining authority had no material before him to come to the conclusion that the detenu would be bailed out in a case which was registered against him on 10/2/2007 being C.R. No. 24 of 2007, registered under Section 394, 398, 452 read with 34 of Indian Penal Code. The detenu had been arrested in the offence on 10/2/2007 and till 26/4/2007, when the order of detention was passed, he had not been bailed out. 4) Learned Counsel for the Petitioner submits that if the person is already in custody and is facing trial, the detaining authority must be satisfied on the basis of material before him that detenu was likely to get bail. But the grounds of detention disclose that there was no such material before the detaining authority. The detaining authority in grounds of detention in Paragraph 7 stated : "I am aware that, you are still in judicial custody, as bail has not been granted to you in Lokmanya Tilak Marg Police Station C.R. No. 24/2007. However, you may be granted bail under the normal law of land in due course in above case". 5) Such observation can be made by anybody with respect to any case, because the accused may 3 get bail under the normal law of land in due course. But what is required of the detaining authority while ordering the detention of a person who is already in custody is his satisfaction on the basis of material that detenu was likely to be released on bail. Obviously there has been no such material before the detaining authority. On the contrary, he knew that the Petitioner had not been granted bail and as a matter of fact, we are told that detenu had not even applied for bail. This controversy is squarely covered in our Judgment in Criminal Writ Petition No. 1495 of 2007. 6) Following the above judgment, we allow the petition and quash the order of detention. The detenue be released forthwith, if not required in any other case. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( S.A. BOBDE, J.) S.A. BOBDE, J.) S.A. BOBDE, J.)