The Bombay High Court heard a petition challenging the arrest of the petitioner’s husband/detenu as illegal and violative of Article 22 which safeguards individuals against arbitrary arrest and detention by the State. Justices Shyam C. Chandak and Sarang V. Kotwal released the detenu noting that his arrest on April 20, 2025 was illegal and violative of Section 58 BNSS and Article 22 (2) of the Indian Constitution.
The case arose from an FIR lodged at the Sakinaka Police Station on 20th April, 2025 by a deaf woman employed in housekeeping at a society in Sakinaka, Mumbai. The informant alleged that the detenu, her supervisor allegedly took her to a secluded spot and raped her. The detenu was brought to the station early on April 20, 2025 and a translator recorded his statement, and registered the FIR. He was formally arrested at 11:20 p.m. on April 20 and produced before the Judicial Magistrate at 12:45 p.m. on April 21, 2025, then remanded to police custody until April 24, 2025. When the matter was pending before the Additional Sessions Judge, Dindoshi, Mumbai, the petitioner alleged that her husband was not produced before the Magistrate for his first remand within the required twenty-four-hour period violating Section 58 of the BNSS and Article 22 of the Indian Constitution. The petitioner pointed out that the detenu had been in police custody from 12:38 a.m. on 20th April 2025 and should have been produced before the Magistrate by 12:38 a.m. on 21st April, or at the latest by 7:13 a.m. when the FIR was registered, yet he was presented only at 12:45 p.m.
The Court observed that the detention on April 20, 2025, was illegal and directed the detenu’s release. The detenu was instructed to execute a P.R. bond of Rs. 50,000 with one or two sureties of the same amount prior to his release. The Court further clarified that the investigating agency was at liberty to re-arrest the detenu by following due process of law, and no separate order for cancellation of bail would be required in such a case. It was also noted that the seriousness of the offense remained unaffected, and the release would not impact the ongoing trial proceedings. The petition was disposed of by the Court with these observations.
Appearances:
For the Petitioner- Mr. Shirish Desai a/w Mr. Harsh Agarwal
For the Respondent/State- Ms. Dhanalaxmi Krishnaiyar, APP, . Mr. Vijaykumar Wagh, API, Sakinaka Police Station, Mumbai
