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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL, S.M.MODAK,
Karan Ratan Rokade – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. illegal detention for failure to produce before magistrate. (Para 1 , 2 , 4) |
| 2. arguments for and against the legality of arrest. (Para 5 , 6 , 10) |
| 3. non-production affects remand validity. (Para 12 , 14 , 16 , 18 , 20) |
| 4. legal standards for habeas corpus user with respect to arrest. (Para 15 , 22 , 25) |
JUDGMENT :
1. This Petition is filed by the Petitioners for directions in the nature of writ of habeas corpus for release of the Petitioners from custody in connection with C.R. No.346/2023 dated 22.5.2023 registered at Chikhali police station, Pimpri Chinchwad, Pune which has resulted in Special Case (MCOC Act) No.1078/2023 on the file of the learned Special Court (MCOC Act), Pune. The other prayers are Deshmane(PS) for declaration that their arrest was illegal and in violation of their fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India ; and for setting aside their remand orders dated 2.7.2023 and 7.7.2023.
3. Heard Mr. Vivek Salunke, learned counsel for the Petitioners, Mr. S.V. Gavand, learned APP for the Respondent No.1- State and Mr. Varun Thokal, learned counsel for the Intervenor.
SUBMISSIONS OF SHRI VIVEK SALUNKE LEARNED COUNSE
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 detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.
Arrests must comply with legal requirements, specifically the production before the nearest Magistrate within 24 hours, failing which detention is deemed illegal.
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
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.
A writ of habeas corpus cannot be granted if detention is legally sanctioned; procedural delays due to valid medical conditions do not render custody illegal.
The failure to obtain a transit warrant and produce the accused within 24 hours constitutes a violation of Article 22(2) of the Constitution, rendering the detention unlawful.
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