2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Limkheda Police Station, Dahod district vide FIR No.11821035200189 of 2020 for the offences punishable under Sections 306 and 498A of the Indian Penal Code.

3. Mr. Jain, the learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He has submitted that as per the case of the Page 1 of 6 Downloaded on : Fri May 08 23:18:59 IST 2020 R/CR.MA/6486/2020 ORDER prosecution the present applicant is husband of deceased Kailashben who committed suicide jumping in the well along with son Ravindra and daughter Shital. In that incident, Kailashben and Ravindra died whereas daughter Shital has survived. He has also submitted that the reasons mentioned for suicide are mentioned in FIR that the present applicant does not like the deceased and did not want to bring her back as he wanted to bring new wife. He has further submitted that age of deceased Kailashben as shown in FIR is 24 years whereas age of the applicant is 19 years and they had love marriage and out of the said wedlock they gave birth to two children. He has submitted that Aadhar Card clearly describes that the present applicant is born in the year 2001. Moreover, it is case of the prosecution that earlier about five months ago when the deceased Kailashben had gone to the house of the complainant where she complained the complainant i.e. her brother that present applicant had wish to bring new wife as he did not like her. He has submitted that as per FIR itself there is no recent incident which led the deceased for committing suicide. He has also submitted that deceased Kailashben and present applicant are belonging to different castes and community and they conducted love marriage and there is age difference which the complainant who is the brother of the deceased did not like and, therefore, out of vengeance, the false FIR is lodged. At last he has prayed that considering all these aspects and circumstances, present application may be granted.

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11196027200074 of 2020 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 65(A)(E), 98(2) and 81 of the Gujarat Prohibition Act.

[4] Learned advocate for the applicant appearing by video conferencing submits that the present applicant has been falsely implicated in the present offence only on the basis of statement of co- accused and the quantum of liquor is valued at Rs.12,000/- only. He further submits that the nature of allegations are such for which Page 1 of 4 Downloaded on : Fri May 08 23:13:13 IST 2020 R/CR.MA/5228/2020 ORDER custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

2. Rule. Learned APP waives service of notice of rule on behalf of the respondent State.

3. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for anticipatory bail in connection with the FIR being I C. R. No. 11213015200127 registered with Gondal City Police Station for the offence punishable under Sections 420, 406, 465, 467, 471, 120(B) of the Indian Penal Code.

4. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice.

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 30.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences under Sections 379(A)(3) and 114 of the Indian Penal Code by Page 1 of 8 Downloaded on : Fri May 08 22:33:28 IST 2020 C/SCA/1836/2020 ORDER itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 28.1.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences Page 1 of 8 Downloaded on : Fri May 08 22:34:26 IST 2020 C/SCA/5912/2020 ORDER under Sections 379(A)(3) of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 11.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(b) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of solitary offence under Sections 66-1B, 65-AE, 98(2) and 116-B of the Prohibition Act by itself cannot bring the case of the detenue Page 1 of 8 Downloaded on : Fri May 08 22:34:07 IST 2020 C/SCA/52/2020 ORDER within the purview of definition under section 2(b) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11216004200101 of 2020 registered with Dhaboda Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

[4] Learned advocate for the applicant appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee Page 1 of 4 Downloaded on : Fri May 08 21:24:44 IST 2020 R/CR.MA/6597/2020 ORDER from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

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Mumbai, May 10 () An Air India flight landed here from London at 1.30 am on Sunday carrying 239 Indians from the UK who were stranded there due to suspension of commercial passenger air services and the subsequent lockdown, an official statement said. In addition to this, two more repatriation flights -- one each from Singapore and Manila ( Philippines) -- are expected to arrive in Mumbai on Sunday, it said. While the flight from Singapore (AI 343) will be carrying 243 passengers, the Manila-Mumbai flight (AI 387) would bring back 241 Indian nationals from the South East Asian country, as per the statement. "1st flight 2 #Mumbai landed- crew interaction less with the passengers. Protective kit was given 2 all-along with snack n meal kept on the seat beforehand. Next #quarantine. Watch

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document

List again on 17.04.2020.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 Shivalee SHIVALEE KHAJURIA 2020.03.18 16:52 I attest to the accuracy and integrity of this document

Dasti notice is also permitted.

List on 23.03.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

List again on 11.05.2020.

Meanwhile, subject to objections from the other side and till next date before the Bench, respondent No. 5 shall indicate to the petitioner the bid which has been received by respondent No. 5 in respect to the e- auction Notice No. DGM/DMO/Spn/310-18 dated 07.02.2020. It is further provided that in case the petitioner has been found to be eligible in all respects and has given the bid higher then respondent No. 4, in that event, respondents shall not proceed further in the matter.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 SHIVALEE KHAJURIA 2020.03.18 16:52 Shivalee I attest to the accuracy and integrity of this document

List on 01.06.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

List on 01.06.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated.

Today yet again Mr. Haqani is not present and a request is made for adjournment.

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

--2--

Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated.

List again on 27th May, 2020.

(Dhiraj Singh Thakur) Judge Srinagar:

" It is therefore, humbly prayed that a direction may kindly be given to the In Charge Sub District Jail, Kupwara to release the petitioners on bail after perusal of the report certified copy of which is placed on record and C. D file is called and the objections are called from the concerned prosecution agency and the arguments of both sides are heard in this behalf and till the instant bail application is finally decided the petitioners are making out a prima facie case for their release on interim bail and the accused may kindly be granted interim bail till the petition is finally decided as the same has been rules by the Hon'ble Supreme Court and the same prayer is made before this Hon'ble Court."

Learned counsel for the petitioner submits that despite the fact that the petitioner approached initially the Chief Judicial Magistrate, Srinagar, for registration of case against the respondent No. 6, by filing application/complaint under Section 156(3) Cr. PC, but even on the directions of the concerned Magistrate, the Crime Branch has not acted upon the directions. It is further submitted that the petitioner approached the respondent Director School Education, and brought into his notice the fraudulent approach adopted by the respondent No. 6 in fabricating the documents for excluding the role of petitioner as Chairman of the Holy Mission School, Narbal, Budgam, but no action is taken. It is submitted that on failure of the official respondents to take action in tune with the statutory provisions, the petitioner has no option but to approach this Court for seeking the relief as prayed for.

"6. Having said so, it would be open to the authorities concerned to consider the representation, if any, that is pending before them. However, no mandamus can be issued by this Court for enforcement of the clauses contained in the Transfer Policy for the purpose of enforcement.

02. In the present petition, the petitioner has impugned the order bearing endorsement No. GMS/B/20-1198 dated 12.03.2020, whereby, petitioner has, again, been transferred with immediate effect.

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

"a). A writ of mandamus commanding upon the respondents more particularly respondent No. 1, to consider and decide the application of petitioner forwarded by respondent No. 2 Director School Education, Kashmir, vide communication No. DSEK/Estt- III/B-Trs/06/2019/Kup/5092 dated 27.08.2019.

b) A writ of mandamus, commanding the respondents to consider the case of the petitioner for inter-District transfer in light of the policy in vogue and also in light of the Medical Board recommendations."

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

2. The petitioner-detenu has challenged the order of detention on the following grounds:

"a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody;

b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

SWP No. 2648/2018;

CCP(S) No. 402/2019 regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to the petitioners. It is contended that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason. The petitioners claim that despite they having approached the respondents repeatedly, their salary was not released constraining them to approach this Court through the medium of writ petition bearing SWP No.2648/2018, wherein they prayed for the grant of following relief(s) in their favour:

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora, Pattan District Baramulla, is under detention.

2. Grounds pleaded in support of prayer are that after having been quashed the earlier detention order no. 66/DMB/PSA/2018 dated 20th August 2018, the detenu was again detained in terms of the detention order impugned in this petition on the so called "dossier" placed before respondent no.2, on the same and similar grounds. It is submitted that his further detention was necessary to prevent him from indulging in activities prejudicial to the maintenance of the security of the State and national law, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Baramulla. The earlier detention order was challenged in H.C. Petition No. 239/2018 which was allowed vide judgment dated 11th Dec. 2018, but instead of releasing him from custody, the detaining authority again passed the detention order impugned in the instant petition. During arguments the learned counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds HCP no155/2019 1|Page 2 thereof duly communicated to the detenu even though quite vague and unfounded.

In terms of order passed on 13th March, 2020, the Special Mobile Magistrate (Traffic), Srinagar, has submitted his own affidavit and those of his accompanying staff namely Gulzar Ahmad Shah (Nazir), Irfan Ahmad Ganai, (Driver); Ali Khan (S.I), Ghulam Mohammad (SgCT), Tariq Ahmad (Constable), Mohammad Younis (SgCT). The affidavits so filed are taken on record. Copy of the affidavits along with the report of the Special Mobile Magistrate (Traffic), Srinagar, be furnished to the respondent for her response to be filed by or before the next date of hearing with copy in advance to Mr. N. H. Shah, learned Sr. AAG.

List on 15th April, 2020.

CM NO. 1853/2020 By this application, the applicant/ respondent is praying for providing her the copy of the application and other relevant documents for enabling her to file reply.

Permission is granted and the objections as also the report submitted by Mr T. M. Shamsi, ASGI, is taken on record.

Perusal of the communication supra reveals that the detenue, on reference to Medical Superintendent of AIIMS Hospital on 3rd March, 2020, for medical examination, has been informed about constitution of Medical Board in terms of letter No. M.22- 9/Medical Board/ 2020-ESTT (H) dated 13.03.2020. The Medical Superintendent has, however, reported that at present the general condition and vitals of the inmate are stable and satisfactory. The communication further reveals that the detenue will be sent to the Medical Board as and when called by it.

Let Mr B. A. Dar, learned Sr. AAG, keep the detention records available on the next date of hearing.

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment Through the instant petition, petitioner father of detenu seeks quashment of detention order bearing no. DMS/PSA/81/2019 dated 16.08.2019, passed by District Magistrate Srinagar, whereby the detenu namely Tufail Ahmad Zaldar S/o Mohammad Shafi Zaldar R/o Ranger Stop Zaldar Mohalla, Saidakadal, Srinagar, is under detention.

2. In the dossier it is alleged that the detenu is involved in anti- national activities, disturbing the public tranquility and peace in the area of Saidakadal and its adjacent areas. It is submitted that the detenu was found indulging in disturvbing the maintenance of public order by way of resorting to stone pelting. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in cases FIR no. 70/2019 u/s 307, 147 RPC and FIR 47/2019 u/s 147, 148, 336 RPC registered at Police Station Nigeen. Therefore, on these allegations he was slapped under Public Safety Act, 1978.

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For the Appellants : Mr. Vijay Kumar Roy, Advocate. For the State : Mr. Praveen Kumar Appu, A.P.P.

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04/Dated: 06/05/2020 Heard, learned counsel for the appellants Mr. Vijay Kumar Roy and learned counsel for the State Mr. Praveen Kumar Appu, Additional Public Prosecutor.

At the very outset, learned counsel for the appellants has submitted that he may be permitted to make necessary correction in application regarding the provision of law.

Permission is granted.

Learned counsel for the appellants is directed to make necessary correction within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID-