Duty of the prosecutor to protect the rights of the accused and the need to avoid unnecessary arrests and mechanical remands.

JUDGMENT

1. The Applicant is one of the accused persons in Crime No.665 of 2021 registered at Shikrapur Police Station, Pune (rural) for ofences under Ss. 386, 420, 465, 467, 468, 471, 506, 120 B of the IPC.

2. In the charge sheet fled before learned Magistrate, Ghodnadi (Shirur) the Applicant was shown as an absconding accused. The Applicant had fled an application for pre-arrest bail (Criminal Bail Application No.8390 of 2021), which was dismissed by learned Additional Sessions Judge, Pune on 20/12/2021, resulting in fling of the present application before this Court. By order dtd. 11/01/2022 this Court granted interim bail to the Applicant with direction to report to the Investigating Ofcer on 17th, 18th and 19/1/2022. Accordingly, the Applicant appeared before the Investigating Ofcer.

3. The order of interim protection was extended from time to time. During the pendency of the application for anticipatory bail, charge sheet came to be fled and summons was issued to the Applicant to appear before the Trial Court. The Applicant appeared before the Trial Court on 01/07/2022 and fled an application for bail without disclosing the fact that he was on interim bail. The Magistrate neither took the Applicant into custody nor passed any order on the bail application but allowed him to go home.

4. The Applicant once again appeared before the Magistrate on 02/07/2022 and learned Magistrate passed an order stating that

"Absconded accused Shubham Govind Pacharne appeared before the Court yesterday. Inadvertently accused Shubham Govind Pacharne had not taken into the custody. Today again Shubham Govind Pacharne appeared before me at 12.30 p.m. Perused copy of FIR report in Crime No.665 of 2021 registered with Shikrapur Police Station for the ofences punishable under Ss. 420, 465, 468, 386, 120 B, 201, 505, 506 r/w 34 of the Indian Penal Code. Accused Shubham Govind Pacharne will have been taken into Magistrate's Custody till 15/07/2022. Inform the Police Station Ofcer of Police Station, Shikrapur.".

5. On the same date the Investigating Ofcer- Mr. Hemant Shedge, PI, Shikrapur Police Station fled Remand Application dtd. 02/07/2022 seeking police custody of the Applicant for 7 days. The Investigating Ofcer/PI of Shikrapur Police Station also fled a separate application dtd. 02/07/2022 for rejecting the bail application fled by the Applicant. Learned APP also made an endorsement on the bail application resisting the prayer for bail.

6. Learned Judge passed order dtd. 02/07/2022 on the remand application rejecting the prayer for police custody and remanded the Applicant to Magisterial Custody till 15/07/2022. Learned Magistrate passed another order on the same date i.e. 02/07/2022 stating that the accused was taken into custody inadvertently and after passing of the order to remand the Applicant, it was brought to his notice that this Court had granted interim bail to the Applicant till 11/07/2022. Learned Judge therefore ordered release of the Applicant forthwith.

7. Taking note of the aforesaid serious lapses, by order dtd. 11/07/2022 this Court (Coram :N.J. Jamadar J.) called for the report from the Magistrate. Subsequently by order dtd. 25/07/2022 this Court (Coram :- Prithviraj K. Chavan, J.) directed the Investigating Ofcer and the APP, who had appeared before the Magistrate, to fle their afdavits clarifying the position. In compliance with the order dtd. 11/07/2022 learned Magistrate has submitted the Report. The APP, who had appeared before the Magistrate and the Investigating Ofcer-Hemant Shedage have also fled their afdavits.

8. Learned Magistrate has stated that the concerned Bench Clerk had issued summons to the Applicant without the order of the Court and that explanation is already sought from the concerned clerk and matter is reported to the Principal District Judge for necessary action. Learned Magistrate has further stated that on 01/07/2022, when the Applicant had appeared before the Court and fled the Bail Application, he