IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Writ Petition (st) No. 23969 of 2024 Payal Hariom Verma R/o. Plot No.861, Flat No.S/1, Ocean SHI Apartments, Shalimar Garden, Extension-1, Sahibabag, Post Sahibabag, Dist. Ghaziabad, Uttar Pradesh-201005.

Presently lodged at Solapur District Central Prison, Solapur. … Petitioner V/s.

1. The State of Maharashtra (Through Senior P.I.)

Tembhurni Police Station, In connection with C.R.No.532/2024)

2. The State of Maharashtra (Through Senior P.I.), Karmala Police Station, In connection with C.R. No.396/2024) … Respondents.

Mr. Anant Vadgaonkar a/w. Jyoti Kawade a/w Raghvendra Kulkarni for the petitioner.

Smt. Mankuwar M. Deshmukh, APP for the State.

Digitally CORAM : SARANG V. KOTWAL &

signed by LATA S.M. MODAK, JJ.

LATA SUNIL SUNIL PANJWANI PANJWANI Date:

2025.01.14 DATE : 09 January 2025.

+0530 JUDGMENT (Per Sarang V. Kotwal, J) :

This is a petition with the following prayers:-

“(a) This Hon’ble Court may kindly be pleased to declare the arrest of the Petitioner/Accused No.5, in connection with C.R.No. 532 of 2024 registered with Tembhurni Police Station dated 11.09.2024 at 0038 HRS to be illegal and contrary to the provisions of section 46(4) of the Code of Criminal Procedure.

(b) This Hon’ble Court upon declaration of the arrest of the Petitioner/Accused No.5 dated 11.09.2024 at 0038 HRS in connection with C.R. No.532 of 2024 registered with Tembhurni Police Station, be further pleased to release the Petitioner, forthwith.

(c) This Hon’ble Court may kindly be pleased to issue writ of mandamus or any other writ, order of directions in the like nature thereby quashing and setting aside the order of remand dated 11.09.2024 (Exh.G to the Petition) and the orders of refusing bail dated 24.09.2024 passed by Ld. JMFC, Madha and (Exh.J to Petition) and order dated 25.10.2024 passed by the Addl. Sessions Judge, Barshi.”

2. Considering the nature of the prayer, with the consent of both the learned counsel for the parties, we are deciding this petition finally. Hence, Rule. Rule made returnable forthwith.

3. Heard learned counsel for the parties. The main plank of this petition is non-compliance of Section 46 of the Code of Criminal Procedure, 1973. According to the petitioner, she being a woman, she could not have been arrested after sunset. In this particular case that is what has exactly happened and, therefore, her arrest becomes illegal. Briefly stated, the facts are as follows:

At the first instance C.R.No.396/2024 was registered at Karmala Police Station on 20 June 2024 under Sections 420,467,468,471 read with Section 34 of IPC. The FIR was lodged by one Anil Ramesh Pawar. The gist of the FIR was that between 1^st January 24 to 20^th April 2024, the accused Shri Palvinder Singh and one Payal madam (according to the prosecution case, petitioner is Payal madam) in collusion with each other represented that they were partners of M/s. Srimma Farm Animal Bazaar Private Limited. They induced the first informant and five others to invest in their company. They represented that they were investing the in the share market and the informant and others would get 50% of the monthly returns on their investment. In other words, within two months the investors like the informant and others would get double the amount of their investment. On this representation, they accepted Rs.10,50,000/- from the first informant and five others. Ultimately, it was found to be a fraudulent representation. The informant and others lost their money.

4. On this ground FIR was lodged. The investigation commenced and the petitioner was arrested in this connection on 9 August 2024 from Mohali. She was produced before the jurisdictional Magistrate after initially obtaining transit remand from Mohali.

5. The petitioner applied for bail in connection with said offence. The learned JMFC, Karmala vide his order dated 19 August 2024 granted bail to her on the condition of executing P.R. Bond for Rs.50,000/- with one suret