SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Bom) 176

A. S. GADKARI, PRAKASH D. NAIK
Anil Jaisinghani – Appellant
Versus
State of Maharashtra, Through Malabar Hill Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mrigendra Singh, Senior counsel a/w Mr. Parth Singh, Arya Jain, Priyanka Borude, Mohit Bharadwaj i/by Shri. Manan Sanghai
For the Respondent:Dr. Birendra Saraf, Advocate General a/w Mrs. A.S. Pai, P.P. a/w Ms. Geeta Mulekar APP

JUDGMENT :

A.S. GADKARI, J.

1. The Petitioners have filed present Petition under Article 226 of the Constitution of India for their release from custody in CR No.28 of 2023 dated 20th February, 2023 registered with Malabar Hill Police Station, Mumbai under Sections 120(b) and 385 of the Indian Penal Code and under Sections 8 and 12 of Prevention of Corruption Act, on the ground that, from their arrest on 19th March, 2023 at about 11.45 p.m. near Godhra, State of Gujarat, they were not produced before the Magistrate within a period of 24 hours and therefore there is violation of Article 22(2) of the Constitution of India and Section 57 of the Code of Criminal Procedure (for short, “the Cr.P.C.”).

2. Heard Mr. Mrigendra Singh, learned Senior counsel for the Petitioners and Dr. Saraf, learned Advocate General for the Respondent- State. Perused record produced before us.

3. Though the Petitioners have prayed for several reliefs in the prayer clause of the Petition, the learned Senior counsel for the Petitioners submitted that, he is restricting his relief for release of the Petitioners from custody of Respondent-State on the ground of breach of Article 22(2) of the Constitution of India an

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top