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.

JUDGMENT :

Jitendra Jain, J.

1. Rule. By consent and since pleadings are complete, same is taken for final hearing at the stage of admission itself.

2. This petition, under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) is filed for issuing writ of Habeas Corpus to declare the arrest of the Petitioner in C.R. No.128/2024, registered with Baramati Taluka Police Station, under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, 1860 (IPC) to be illegal. The Petitioner in the present petition has also challenged the remand orders dated 27 October 2024 and 2 November 2024.

Brief facts:-

(i) On 5 March 2023, a complaint was lodged against the Petitioner, his wife and other persons alleging cheating, forgery, and dishonestly obtaining an amount of Rs.3,37,30,000/-. The Anticipatory Bail Application filed by the Petitioner before this Court was rejected on 8 August 2023 and in the meanwhile chargesheet was filed by the Police. The challenge by the Petitioner to the rejection of anticipatory bail was dismissed by the Supreme Court on 25 August 2023.

(ii) On 25 October 2024, a search was conducted of the Petitioner by the Investigating Officer.

(iii) At around 1:00 p.m. on 25 October 2024, the Petitioner was taken into custody from Shivajinagar Metro Station and produced before the Shivajinagar Police Station. The Petitioner was thereafter immediately taken to Baramati and produced before the Baramati Police Station at around 5:07 p.m on the same day.

(iv) At around 7:40 p.m. on 25 October 2024, the Petitioner was taken to the Government Medical College, Baramati for pre-arrest medical examination. The doctors at the Government Hospital referred the Petitioner to Sassoon Hospital, Pune. However, the Police decided to take the Petitioner to a private hospital in Baramati for cardiac evaluation at around 9:03 p.m. on 25 October 2024.

(v) On 26 October 2024 at midnight 1:26 a.m. the Petitioner was admitted to Giriraj Hospital, Baramati and was discharged at around 4:54 p.m./7:00 p.m. on the said day.

(vi) On 26 October 2024, after the above discharge, the Petitioner was taken back to the Government Medical College at around at 8:07 p.m. for obtaining a certificate of fitness for custody.

(vii) At 9:00 p.m./10:13 p.m. on 26 October 2024, the Petitioner was shown as formally arrested at 9:00 p.m. as per the station diary entry, remand report and affidavit- in-reply. However, the arrest panchanama shows that the Petitioner was arrested at 10:13 p.m.

(viii) On 27 October 2024 at 12:20 p.m., the Petitioner was produced before the learned JMFC, Baramati and remand order was passed.

Submissions of the Petitioner:-

3. At the outset, the learned senior counsel for the Petitioner, Mr. M. Mohite, stated that for the present, he is not pressing his case on non-furnishing of grounds of arrest and, therefore, this Court need not delve into it. He submitted that this was because the issue was pending consideration before the Hon’ble Supreme Court.

4. Based on the above facts, it is the contention of Mr. Mohite, learned counsel for the Petitioner that the Petitioner was produced before the learned Magistrate after the expiry of 24 hours, contrary to Article 22 of the Constitution of India and Section 57 of the Cr.P.C. The said period is calculated by the Petitioner from 25 October 2024 at 1:00 p.m. i.e. the time when the Petitioner was taken into custody from Shivajinagar Metro Station or in the alternative from 5:07 p.m. on 25 October 2024, time when the Petitioner was taken from Shivajinagar Police Station and produced before the Baramati Police Station.

5. It is the contention of the learned senior counsel that on a reading of Article 22 of the Constitution of Ind