illegal detention

Case :- CRIMINAL MISC. WRIT PETITION No. - 16386 of 2020

Petitioner :- Shiv Kumar Verma and Another

Respondent :- State Of U.P. and 3 Others

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Shamim Ahmed,J.

(Per: Surya Prakash Kesarwani, J.)

13. Section 111 Cr.P.C. provides that when a Magistrate acting

under section 107, section 108, section 109 or section 110,

deems it necessary to require any person to show cause under

such section, he shall make an order in writing, setting forth (i)

the substance of the information received, (ii) the amount of the bond to

be executed, (iii) the term for which it is to be in force, and (iv) the

number, character and class of sureties (if any) required. These necessary

ingredients of Section 111 Cr.P.C. are totally absent in the order dated

08.10.2020 passed by the respondent no.3. Thus, it is evident on record

that the respondent no.3 has acted arbitrarily and illegally.

14. It would further be relevant to note that admittedly the

petitioners have submitted personal bond on 12.10.2020 although the

order passed by the respondent no.3 dated 08.10.2020 does not specify the

substance of the information received, the amount of the bond to be

executed, the term for which it is to be in force, and the number, character

and class of sureties, if any, required. Despite submission of

personal bond and other papers on 12.10.2020 by the

petitioners before the respondent no.3, they were not released

by the respondent no.3 and that too against his own order

dated 08.10.2020 that the petitioners shall be detained till

presentation of personal bond/bail bond. Non release of the

petitioners by the respondent no.3 even after submission of

personal bond/bail bond and other papers, is a clear breach of

Article 21 of the Constitution of India, by the respondent

no.3 which resulted in illegal detention of the petitioners at least since

12.10.2020 to 21.10.2020