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2023 Supreme(Bom) 1002

REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN
Venugopal Nandlal Dhoot – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates appeared:
Sandeep S.Ladda, Advocate, Ishani Khanwilkar, Advocate, Viral Babar, Advocate, Adnan A.Ansari, Advocate, Adesh Jadhav, Advocate, Sarvesh Dixit, Advocate, Raja Thakare, Advocate, Kuldeep Patil, Advocate, Saili Dhuru, Advocate, Akash Kavade, Advocate, Siddharth Jagushte, Advocate, P.P.Shinde, Advocate

Judgement Key Points

Key Points: - The petition challenged arrest and detention as violative of Sec. 41 and 41A Cr.P.C. (!) (!) - The Court held arrest/detention illegal due to non-recording of reasons for arrest and non-recording satisfaction by remand court, contravening Arnesh Kumar and Satender Antil directives (!) (!) (!) - It emphasized that police must record reasons for arrest and for not arrest; Magistrate must independently record satisfaction before authorising detention under Sec. 167, reflecting Article 21 protections (!) (!) - The judgment cites need for compliance with Sec. 41/41A as facets of Article 21 and directs adherence to Arnesh Kumar/Satender Antil standards; non-compliance can entitle the accused to bail (!) (!) (!) - Interim bail was granted in the present case, with conditions such as cash security and cooperation, pending hearing (!) (!) (!)

What is the legality of the petitioner’s arrest and detention in light of Sec. 41 and 41A Cr.P.C. and the Supreme Court guidelines in Arnesh Kumar and Satender Kumar Antil?

What are the grounds required for arrest under Sec. 41(1)(b)(ii) and the necessity to record reasons for arrest and for not arrest, as well as the role of the remand court in recording satisfaction?

What interim relief and bail standards apply where non-compliance with Sec. 41 and 41A is found, and how should courts proceed to protect liberty while ensuring proper investigation?


JUDGMENT

PRITHVIRAJ K.CHAVAN, J. - By this petition, under Article 226 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), the petitioner has made following prayers;

(a) That this Hon'ble Court be pleased to quash and/or setting aside the FIR RCBD1/2019/E/001, Dt. 22/1/2019 u/sec. 7, 13 (2) r/w 13(1) and (d) of PC Act, 420 and 120B of IPC, being investigated by CBI, and the further investigation be stayed;

(b) That this Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Writ of Certiorari, or any other appropriate Writ, order or direction under Article 226/227 of the Constitution of India, quashing and/or setting aside the Orders of the Hon'ble City Civil and Sessions Court, CBI Special Judge dtd. 26/12/2022, 28/12/2022 and 29/12/2022 in FIR RCBD1/2019/E/001, Dtd. 22/1/2019 u/sec. 7, 13 (2) r/w 13 (1) and (d) of PC Act, 420 and 120B of IPC, being investigated by CBI.

(c) That this Hon'ble Court be pleased to declare that the arrest and remand to custody of the Petitioner was arbitrary, illegal, without following due procedure of law and in gross violation of Ss. 41 and 41A of the CRPC and Articl

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