High Court of Bombay

Anil Jaisinghani and Ors. Vs. The State of Maharashtra and Ors.

MANU/MH/1229/2023

03.04.2023

Criminal

No police officer shall detain in custody a person arrested without warrant for a longer period

The Petitioners have filed present Petition under Article 226 of the Constitution of India for their release from custody in CR registered with Malabar Hill Police Station, Mumbai under Sections 120(b) and 385 of the Indian Penal Code and under Sections 8 and 12 of Prevention of Corruption Act, on the ground that, from their arrest on 19th March, 2023, they were not produced before the Magistrate within a period of 24 hours and therefore there is violation of Article 22(2) of the Constitution of India and Section 57 of the Code of Criminal Procedure (CrPC).

Arrest/search panchanama was recorded and reasons for arrest were informed to the accused. The guidelines issued by Supreme Court were followed at the time of their arrest. The information about arrest of accused was given to relative and acquaintance of accused.

Article 22(2) of Constitution of India states that, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate. Whereas Section 57 of the Cr.P.C. provides that, no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

The Petitioners were produced before the Court of competent jurisdiction within a period of 24 hours from the time of their arrest. In the present case there is no breach of Article 22(2) of Constitution of India and/or Section 57 of the Cr.P.C. is committed by the Respondent-State. Petition dismissed.

Tags : Arrest Provisions Compliance

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