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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V. KOTWAL, S. M. MODAK, JJ
Vicky Bharat Kalyani – Appellant
Versus
The State Of Maharashtra & Anr. – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. All these Petitions raise a common legal issue regarding interpretation of Section 50 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). In some of the Petitions, the interpretation of Sections 41 & 41A of Cr.P.C. is also necessary. The common contention in all these Petitions is the alleged violation of these provisions rendering the Petitioners’ continued detention in custody as illegal detention. The Petitioners are seeking their release on this ground. The facts pertaining to these Petitions individually are obviously different and, therefore, before considering the fact situation in each of these Petitions separately, we thought it fit to consider the interpretation of these provisions. Subject to such interpretation, an individual Petition from this group can be decided separately. To afford an opportunity to the counsel appearing for both the sides, we have listed these matters together.
2. We have heard respective learned counsel for the Petitioners as well as a Petitioner appearing as party in-person, in various Petitions. On the other hand, learned Advocate General Dr. Birendra Saraf, Learned Public Prosecutor Mr. Venegavkar, L
The court emphasizes the necessity of compliance with Sections 41, 41A, and 50 of the Cr.P.C. regarding arrest procedures, highlighting the fundamental rights of individuals under Articles 21 and 22 ....
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The requirement to provide written grounds of arrest is mandatory under Article 22(1) of the Constitution, and failure to comply renders the arrest illegal.
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