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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Amrina Mathew Fernandes – Appellant
Versus
Rhythm Arvind Goyal – Respondent
| Table of Content |
|---|
| 1. assault leading to miscarriage. (Para 2 , 3) |
| 2. procedural lapses in bail decision. (Para 5 , 6 , 8) |
| 3. compliance with bnss provisions. (Para 10 , 12 , 19) |
| 4. constitutional rights and requirements. (Para 13 , 15 , 18) |
| 5. importance of considering gravity of offences. (Para 22 , 24) |
| 6. cancellation of bail granted. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
Neela Gokhale, J.
1. By way of this Application, the Applicant seeks setting aside of order dated 8th December 2025 passed by the Sessions Court at Dindoshi, Borivali Division, Goregaon, Mumbai, whereby the Respondent No.1 is enlarged on bail.
2. The facts of the case, in brief, are that the Complainant, is a woman, working as a Guest Relation Manager in ‘Shayalo Club’ for the past one year. Her work timings are from 6:00 pm. to 2:30 am. The Complainant/First Informant was in the 8th week of pregnancy. On 15th November 2025, after completing her shift, at around 1:30 am., she took the lift from the third floor to come to the ground floor. The Respondent No.1 herein, was also in the lift, accompanied by two men and one woman. The lift-man was manning the lift. The Respondent No.1 and his friends, boarded the lift in an inebr
Procedural lapses cannot justify bail in serious offences punishable by life imprisonment; substantive justice takes precedence over technicalities.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
Mandatory communication of arrest grounds to the detainee is required under Article 22(1) of the Constitution.
The necessity of written grounds for arrest ensures the rights of the accused and preserves judicial integrity, with procedural lapses not alone determining Bail's validity.
Strict compliance with statutory provisions regarding notice to relatives during arrest is essential to safeguard the accused's rights under Article 21 of the Constitution.
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