GUMAN MAL LODHA. J - (1.) ON 12-6-1986 an application signed by Shri K. K. Nagar, Advocate Aklera, District Jhalawar, was received by post in respect of one under trial prisonce Dharmender Singh.
(2.) IT was mentioned that from 20-12-85 Dharmender Singh is in Judicial Lock-up in Aklera in pursuance of the order of S. D. M. , Aklera for proceedings under section 110 Cr. P. C. He is kept injudicial lock up without a hearing for 30 days vide order dated 19-5-86 when another date was given for 18-6-86. The dates are not fixed within 15 days which is against law. Yet another date was given in the order on the pretext that no surety of the petitioner was present. This fact is wrong. The S. D. M. is refusing to accept surety on one ground or the other. On 2-6-86 the surety was present but this time the S. D. M. Aklera was on leave. The Assistant Collector-Cum-Executive Magistrate Shri Umaid Singh Rathore refused to accept the surety of Rs. 2,000/- after verification of the personal bond. This letter-cum-Application was listed before this court and comments were required of S. D. M. , Aklera who has admitted that from 20-12-85 Dharmender Singh is injudicial lock-up for proceedings under Section 110 Cr. P. C. There is no person who can stand surety for this person. . . . . . bail was moved by Shri K. K. Nagar and order was given for bail Rs. 2,000/- but bail was not taken because he was wanted in an offence under Section 436 I. P. C. A letter was received by Assistant Jailor that and Dharmender Singh has been acquitted in all cases and he is detained in a case under Section 110 Cr. P. C. therefore, he may be released on bail. On 24-6-86 the bail application was submitted by G. C. Trivedi Advocate and order of bail was passed.
(3.) WHETHER the non-applicant is still in jail or he has been released is not known. Letter of 12-8-86 of the S. D. M. , Aklera no where mentions that he has been released. In my considered opinion the present one is a case of abuse of process of court where when the surety came the bail bonds were not accepted on one pretext or the other, by the S. D. M. and Executive Magistrate. It is surprising and shocking that from 20-12-85 Dharmender Singh is languishing in jail, only for proceeding under Section 110 Cr. P. C. , when he has been acquitted in all other cases of substantive offences, as per the report of the jailor of Jhalawar, and is prepared to submit bail bonds. ;