Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL, S.M.MODAK
Shakoor Ahmed Jamaluddin Sayed – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. This is a petition for declaring the arrest of the Petitioner illegal in connection with C.R. No. 26 of 2025 registered with Sarkarwada Police Station, Nashik and consequent prayer is for his release on bail.
2. Heard learned Counsel Shri Krishnan for the Petitioner and learned APP Ms. Deshmukh for the Respondent-State.
3. The basic contention of the Petitioner is that he was not produced before the nearest Magistrate within 24 hours as is the requirement of law and therefore, his arrest is illegal. Before referring to the questions of law raised by the learned Counsel for the Petitioner, it is necessary to refer to the allegations in brief against him. The F.I.R. was lodged on 21.01.2025 by one Pankaj Kumar Anand Kumar Thakur. He has stated in his F.I.R. that he is Deputy General Manager in the branch office of M/s Aban offshore Limited, Chennai. The Petitioner had his own IS Construction Company at Nashik. He was a resident of Sikar, State of Rajasthan. The Petitioner’s Company was given contract by Public Works Department, Nashik for constructing a road between Adgaon-Niphad and Aurangabad between the period 2001-2002 for the budget of Rs. 16 Crore
Arrests must comply with legal requirements, specifically the production before the nearest Magistrate within 24 hours, failing which detention is deemed illegal.
Failure to produce arrested individuals before the nearest Magistrate within 24 hours constitutes illegal detention, impacting subsequent remand validity.
Detention is unlawful if not presented before the nearest Magistrate within 24 hours of arrest, but subsequent valid remands under different provisions can negate initial illegalities.
The court affirmed that the definition of arrest includes any situation where a person's liberty is restrained, and emphasized the constitutional and statutory obligation to produce an arrested perso....
The failure to communicate grounds of arrest in writing and late production before the Magistrate violates due process, rendering the arrest illegal.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
Arrest must be recognized from when an individual's liberty is restrained, and failure to produce before a magistrate within 24 hours constitutes illegal detention under constitutional provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
