We are unable to agree with the submissions of the learned APP that the Petitioner was arrested on 17/06/2025 at 06:45 p.m. The Affidavit of the Investigating Agency itself shows that he was taken in custody at 10:00 p.m. on 16/06/2025. From that point onwards, he was always in the custody of the Police Officers and therefore, it cannot be said that he was not arrested at 10:00 p.m. on 16/06/2025 but was arrested only at 06:45 p.m. on 17/06/2025. Therefore, Shri. Rokade, learned Counsel is right in his submissions that the Police Officers were duty bound to produce the Petitioner before the nearest Magistrate at Indore before 10:00 p.m. on 17/06/2025. Shri. Rokade submitted that the first production before the Magistrate had to be before the nearest Magistrate and not before the jurisdictional Magistrate. {Para 11}
14. Both these Judgments have explained the term 'nearest Magistrate'. Therefore, based on these observations, it is clear that as per the requirement of law, the Police Officers had a duty to produce the Petitioner before the nearest Magistrate at Indore after his arrest at 10:00 p.m. on 16/06/2025. They have failed to do so and thus, there is violation of Article22(2) of the Constitution of India and Section 58 of the BNSS. Therefore, we are constrained to observe that this procedure was illegal and therefore, his first remand on 18/06/2025 was illegal. {Para 14}
16. Considering the gravity of the offence and the nature of evidence, we are inclined to follow the same course and though we are inclined to hold that the Petitioner was not produced within 24 hours of his arrest before the nearest Magistrate and therefore, direct his release on certain conditions, we are granting liberty to the Investigating Agency to re-arrest the Petitioner after following due process of law. It is necessary to consider that the deceased victim also had a fundamental right to life guaranteed under Article 21 of the Constitution of India. It is grossly violated by the Petitioner by taking away his life in the most brutal and cruel manner. Therefore, the Investigating Agency can be given liberty to re-arrest the Petitioner.
IN THE HIGH COURT OF BOMBAY
Criminal Writ Petition No. 4084 of 2025
Decided On: 03.10.2025
Suraj Ganesh Suryawanshi Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
Sarang V. Kotwal and Shyam C. Chandak, JJ.
Author: Sarang V. Kotwal, J.
Citation: MANU/MH/6371/2025,2025:BHC-AS:43096-DB.
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