M.C. Tripathi, J. - (1.) This is a petition under Article 226 of the Constitution read with Sec. 491, Code of Criminal Procedure by Mohammad Aslam Khan. On 21 -3 -1966 at about 5 a.m. the Petitioner was arrested by Sub -Inspector Police Station Deogaon under Sec. 151, Code of Criminal Procedure. On 22 -3 -1966 at about 12.30 p.m. according to the Petitioner's case, an application was moved on his behalf that he had been illegally arrested and had not been produced before a Magistrate. At 3 p.m. the same day another application was moved before the Sub -Divisional Magistrate to the same effect alleging that Sec. 61, Code of Criminal Procedure and Article 22 of the Constitution had been violated. The Sub -Divisional Magistrate started proceedings under Sec. 117, Code of Criminal Procedure and the report of the arrest under Sec. 151, Code of Criminal Procedure was also put up before him at the same time. The Magistrate passed an order on 22 -3 -1966 directing the Petitioner to furnish two sureties of Rs. 2,000/ - each and a personal bond in the like amount to keep the peace during the pendency of the proceedings (although he used the words 'preliminary proceedings') under Sec. 107/117, Code of Criminal Procedure failing which they were ordered to remain under jail custody. On the same date he passed another order on the application of the Petitioner for being released on bail in respect of his arrest under Sec. 151, Code of Criminal Procedure. He was directed to be released on bail on furnishing two reliable sureties of Rs. 2,000/ - each and a personal bond in the like amount subject to the compliance of the order under Sec. 117, Code of Criminal Procedure.
(2.) The Petitioner contends that his detention is in violation of Article 22 of the Constitution of India and Sec. 61, Code of Criminal Procedure and that he is entitled to be released.
(3.) It appears that on 18 -3 -1966 the Additional Sub -Divisional Magistrate Lalganj, acting under Sec. 114, Code of Criminal Procedure, required the Petitioner to show cause why he should not be ordered to execute a personal bond of Rs. 5,000/ - with two reliable sureties each to keep the peace for a period of one year. This order was read over and explained to the Petitioner on 22 -3 -1966. In his order dated 22 -3 -1966 the Magistrate mentioned that Sri Ram Shanker Misra SI had reported that there was imminent danger of breach of peace if the Petitioner and his companions are not bound down under Sec. 117, Code of Criminal Procedure during the pendency of the proceedings and that he was satisfied that it was absolutely necessary to bind these persons during the pendency of the proceedings to avoid breach of the peace. Consequently he directed the Petitioner (and also his companions) to furnish two sureties of Rs. 2,000/ - each and a personal bond in the like amount to keep the peace daring the pendency of the proceedings as already mentioned.;