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CNR No : HCBM040203522012 2026:BHC-NAG:14604-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 467 OF 2012 Arun Thomas Ferreira, PETITIONER Age 39 years, R/o 17-A, St. Martins Road, First Floor, Flat No.7, Bandra, Mumbai 400050 // V E R S U S //

RESPONDENTS

1. State of Maharashtra, Through Home Secretary, Mantralaya, Mumbai-400032

2. Superintendent of Police Gadchiroli District Police Headquarters, Gadchiroli

3. Officer-In-Charge, Purada PS. District Gadchiroli

4. Shri M.R. Tarone, Police Sub-Inspector, Purada P.S. Dist. Gadchiroli

5. Shri M.C. Meshram, Police Sub-Inspector, Purada P.S. Dist. Gadchiroli

6. Prison Superintendent, Nagpur Central Prison, Wardha Road, Nagpur 440020

7. Shri Yogesh Patil, Junior Class II, Nagpur Central Prison, Nagpur 440020

8. Officer-in-charge, Dhantoli Police Station, Nagpur

9. Shri Satishsingh Rajput, Police Inspector, Dhantoli P.S. Nagpur

10. Shri Sudhakar Chavhan, Police Sub Inspector, Dhantoli P.S. Nagpur

11. Shri Manoj Gabhne, Police Sub Inspector, Dhantoli P.S. Nagpur

12. Shri Satish Hindurao Shinde, PSI Local Crime Branch, Gadchiroli At present P.S. Gondia City, Gondia ------------------------------------------------------------------------------------------- Mr. Pradip B. Mandhyan, Advocate & Mr. Aakash Sorde, Advocate for the petitioner.

Mr. M.J. Khan, Addl. P.P. for the respondent /State.

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CORAM : URMILA JOSHI PHALKE &

RAJ D. WAKODE, J.J.

JUDGMENT RESERVED ON:-28.09.2026 JUDGMENT PRONOUNCED ON:-27.10.2026 J U D G M E N T : (Per Urmila Joshi Phalke, J.)

1. Heard.

2. Rule. Rule made returnable forthwith. Taken up for final disposal with the consent of learned counsel for the parties.

3. The petitioner seeks a declaration that his arrest is illegal and violates the fundamental right under Article 21 of the Constitution of India. He was arrested on 08.05.2007 in connection with Crime No.149/2007 of Dhantoli Police Station and subsequently in six other crimes registered at Gondia and one crime at Chandrapur.

4. He came to be acquitted after trial in all eight cases. The trial in the last case was completed on 23.09.2011 by Extra Joint Adhoc Additional Sessions Judge, Chandrapur and was released on executing bail bond under Section 437(A) of the Criminal Procedure Code. Accordingly, he executed the bail bond on 26.09.2011. As per order of the Court, he requires to be released on 27.09.2011, therefore, his mother along with his brother came to Nagpur to take him back and met him and informed entire procedure is followed and bond is executed. It is alleged by the petitioner that jail authorities intentionally delayed the procedure and released him about 2.30 p.m. on 27.09.2011. As soon as petitioner came out from the jail a group of unknown civilian by shutting his mouth, lifted him and taken him in a un numbered vehicle. Six of those unknown persons carried him which was an act of forcible abduction. The said act of abduction was witnessed by his brother, mother and advocate. Though his advocate and associates stepped forward to enquire where the petitioner is being taken but none of them responded. On the contrary, his advocate was threatened. Immediately at about 15.30 p.m. his advocate made complaint to PSI, Dinesh Zhambre at Dhantoli Police Station.

5. The petitioner contended that subsequently he came to know that respondent No.2-Superintendent of Gadchiroli Police had sent one Mr. Satish Shinde, PSI, Local Crime Branch, Gadchiroli to enquire about the petitioner. PSI Shinde and other staff of Local Crime Branch, on learning about release of petitioner from jail, took the petitioner in custody on 27.09.2011 at 2.30 p.m. and took him to Desaiganj Police Station, Gadchiroli. As per contention of the petitioner alleged custody was illegal. The action of taking him in custody without following due process of law. At around 17.30 p.m. petitio