IMPORTANT POINT
The court established that individuals charged with bailable offences have a right to be released on bail, and any failure to comply with this right constitutes a violation of their fundamental rights under Article 21 of the Constitution.

JUDGMENT/ORDER

REVATI MOHITE DERE, J. - Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives service on behalf of the respondents"State.

3. By this petition, filed under Article 226 of the Constitution of India, the petitioner seeks a writ of habeas corpus, to produce her husband-Nitin Sampat before this Court and for his release forthwith from illegal detention of the respondents. Direction is also sought to take appropriate action against respondent Nos. 2 and 3 for their willful breach of the mandatory guidelines issued by the Apex Court in the cases of Arnesh Kumar Vs. State of Bihar and Anr (2014) 8 SCC 273 and Satender Kumar Antil Vs. Central Bureau of Investigation and Anr. 2022 live law (SC)577.

4. The petitioner is the wife of Nitin Sampat. According to the petitioner, her husband-Nitin was illegally arrested and detained by the respondent Nos. 2 and 3, despite the offences with which, he was charged i.e Ss. 354A and 509 of the Indian Penal Code ('IPC'), being bailable offences, and despite the fact, that the petitioner's husband-Nitin was ready to furnish bail. According to the petitioner, her husband-Nitin had co-operated with the officers during his visits to the Tardeo Police Station and as such, had complied with the 41A notice issued to him. It is the petitioner's case that on 17/7/2023, her husband-Nitin and his advocate visited the Tardeo Police Station at 3:00 p.m; that as Nitin apprehended that he would be illegally arrested in bailable offences and for extraneous reasons, Nitin gave a written communication to the Senior Police Inspector, through his advocate, conveying his intention of furnishing and procuring bail; however, despite the same, Nitin was illegally arrested on 17/7/2023 at 9:30 p.m, and the petitioner was formally intimated about the same. According to the learned counsel for the petitioner, despite the petitioner's husband being ready to furnish bail, he was detained by the respondent Nos. 2 and 3 illegally and the advocate who was with her husband, was asked to produce his identity card and was threatened with lodging of an NC and an FIR against him under the IPC, when the advocate pointed out, that the petitioner's husband-Nitin was illegally detained by the police in bailable offences.

5. Learned counsel for the petitioner submits that the petitioner's husband-Nitin is a music teacher having reputation amongst his peers and students and an unblemished record of more than 20 years and as such, his illegal detention and torture whilst in custody, has caused him immense trauma.

6. We have perused the papers. The petitioner, in this petition seeks not only a writ of habeas corpus, to produce her husband-Nitin Sampat before this Court, but also a direction to the respondent Nos. 4 and 5 to take appropriate action against respondent Nos. 2 and 3 for their willful breach of the mandatory guidelines of the Apex Court.

7. The petitioner's husband-Nitin was arraigned as an accused in connection with an FIR, which was initially registered by the complainant with the Malad Police Station, Mumbai, sometime in the 2nd week of June 2023. The said FIR was registered as 00 FIR with the Malad Police Station. It appears that Nitin attended the said Malad Police Station on 8 to 9 occasions and thereafter, learnt that the said FIR has been transferred to Tardeo Police Station, Mumbai and numbered as C.R No.310/2023 for the alleged offences punishable under Ss. 354A and 509 of the IPC, both bailable offences. It is not in dispute that the said FIR was registered with the Tardeo Police Station on 7/7/2023. It appears that on the same day i.e. on 7/7/2023, the Tardeo Police issued a 41A notice to Nitin, pursuant to which, Nitin visited the said police station on four occasions. It appears that on 17/7/2023, Nitin and his advocate visited the Tardeo Police Station at 3:00 p.m. As Nitin feared that he wou