Arrests must comply with legal requirements, specifically the production before the nearest Magistrate within 24 hours, failing which detention is deemed illegal.

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 Crores. The Petitioner’s firm did not have so much capital and nobody was willing to give him financial assistance.

Therefore, he contacted the Complainant’s Company and gave a proposal for taking 50% capital in lieu of 50% shares in their project. Accordingly, the document was executed on 14.03.2003. A company by the name ‘I.S. Infrastructure and Buildcon Pvt. Ltd.’ was formed. The Complainant’s company invested substantial amount in the project. Due to the Goodwill of the complainant’s company, Banks gave loan of Rs.11 Crores. The road was constructed. The toll collection from vehicles started from 06.03.2004 onwards. The amount which was received as toll was to be deposited by the Petitioner in the Company’s account maintained with Indian Bank, Ambad, Nashik. But the Petitioner misappropriated that amount. The new company’s account was declared as NPA as the installments were not paid. PWD took over the project and started collecting toll. ‘I.S. Infrastructure And Buildcon Pvt. Ltd.’ claimed compensation in Arbitration proceedings. The compensation and interest to the tune of Rs.25,25,35,000/- was to be paid to the company. The Petitioner forged the documents and transferred the amount of Rs.12,61,68,000/- in the account of Immortal Company of the Petitioner and he misappropriated it.

4. The Assistant Police Inspector Kishor Kolhe attached with Economic Offence Wing, Nashik has filed his affidavit-in-reply. It is mentioned in that affidavit that in order to withdraw the amount received from the PWD, Nashik for the payment of that work, the Petitioner has made the false and fabricated documents and submitted them to the bank. During the investigation, the bank statements were verified, and it was revealed that the money was received against bill of the contract from the Public Works Department to I.S. Infrastructure and Buildcon Private limited and thereafter, the Petitioner has siphoned of those amounts to his own Company’s bank account, namely, Immortal Infrastructure Private Limited. Accordingly, C.R. No. 26 of 2025 was regist