A. S. GADKARI, PRAKASH D. NAIK
Anil Jaisinghani – Appellant
Versus
State of Maharashtra, Through Malabar Hill Police Station – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.