Detention beyond 24 hours without presentation to a magistrate violates fundamental rights, but travel time is excluded in determining legality of arrest.

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 19^th 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 26^th 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.

3. Pursuant to the said order, amendment came to be made to the grounds of appeal and a specific ground is raised with regard to the legality of the arrest of the appellant. It is contended on behalf of the appellant that he is shown to be arrested at 4.10 pm on 9^th February 2025, however, as per the statements of the witnesses including the police officer, he was taken in custody at 2.45 a.m. on 9^th February 2025 i.e. prior to 13 hours of arrest being shown. It is also claimed that the appellant has been taken into custody by a police personnel by detaining him to answer the criminal charge and preventing the commission of criminal offence, therefore, he is deemed to have been taken into custody and the act of arrest of the appellant is complete there. It is further claimed that the appellant was examined by the Doctor of Sub-District Hospital, Bhor, at 2.45 pm on 9^th February 2025 i.e. 2 hours prior to the arrest. However, he has been produced before the Special Judge, Pune on 10^th February 2025 at 5.15 pm, which is beyond 24 hours of his arrest. It is claimed that there is no requirement for pre-arrest medical examination as per Section 53 of the Cr.P.C. as it provides for the medical examination when a person is arrested on a charge of committing an offence and such examination will afford evidence as to the commission of the offence. It is claimed that Section 54 provides that when any person is arrested, he shall be examined by a medical officer, soon after arrest is made. It is claimed that since the appellant has not been produced before the Special Judge within 24 hours of his arrest, his arrest becomes illegal and, therefore, in contravention to the Article 22(2) of the Constitution of India and Section 57 of the Cr.PC/ Section 58 of the BNS .

4. Learned counsel for the appellant, makes statement that the appellant is not challenging the order passed by the Special Court on the merit, however, the order has been challenged solely on the ground of non-production of the appellant before the Special Judge within 24 hours of his arrest and, therefore, his detention having become illegal and consequently, he cannot be allowed to be detained in the custody further. To support his submission that the appellant was taken in custody at 2.45 am on 10^th February 2025, he places relianc