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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.Joshi
Anuj alias Babu Malhari Chavan – Appellant
Versus
State of Maharashtra Through P.I. Bhor Police Station – Respondent
JUDGMENT :
R. M. Joshi, J.
1. This appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Atrocities Act”), takes exception to the order dated 19th June 2025 passed by Special Judge, Pune in Special Case No.467 of 2025, whereby an application for bail in connection with Crime No.22 of 2025 registered with Bhor Police Station for the offences punishable under Section 103 (1), 238(c) of the Bhartiya Nyaya Sanhita, 2023 (for short “the BNS ”) and Section 3(2)(v) of the Atrocities Act and Section 7 (1)(d) of Protection of Civil Rights Act, 1955 filed by the appellant/accused came to be rejected.
2. At the outset, it needs to be recorded that at the the time of filing of the appeal against the impugned order, the appellant has not raised the issue with regard to legality of his arrest. By order dated 26th August 2025, this Court granted leave to the appellant to incorporate additional grounds in relation to illegal arrest of the appellant. Pertinently, this order came to be passed after hearing learned counsel for the appellant, learned APP and learned counsel appearing on behalf of respondent No.2.
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.
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 distinction between detention and formal arrest is crucial; detention during an investigation does not necessarily constitute an arrest unless it deprives the individual of liberty, affecting com....
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.
A person in custody cannot be detained without producing him before a Magistrate under colourable pretention that no actual arrest is made.
Violation of 24-hour production mandate under Article 22(2) of the Constitution renders custody illegal, necessitating bail despite the seriousness of charges.
The court established that the 24-hour period for producing an arrested individual before a magistrate begins from the time of formal arrest, and that individuals summoned under Section 50 of the PML....
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