WALMIK DEORAO BOBDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD, Shri. A. D. Bandre, the learned counsel for the petitioner and Mrs. Dangre, A. P. P. for State. The petitioner Walmik Deorao Bobde, is required to approach this Court by invoking its extra ordinary jurisdiction under Article 226 and 227 of the Constitution of India, being aggrieved by his wrongful confinement, pursuant to the non-bailable warrant issued by the J. M. F. C. 3rd Court, Wardha in Regular Criminal Case No. 81/1987, and as the petitioner came to be illegally detained in the police lockup, so as to be produced before the Court, and was subsequently released on bail. He claims compensation in the sum of Rs. 5,00,000/- for infringement of his valuable fundamental right of liberty under Article 21 of the constitution of India.

(2.) IN is the case of the petitioner that he along with one Mahesh Kumar Bhandari came to be arrested and prosecuted for having committed offence under section 420, read with Section 34 of I. P. C. , on the basis of the complaint lodged by Dilip Ramchandra Kashikar and two others, on 02. 05. 1978. On completing the investigation, the Police Station Wardha, submitted charge sheet before the J. M. F. C. Wardha on 15. 01. 1983, and therefore during the period 1978 to 1983, the petitioner was required to attend the court of J. M. F. C. Wardha, as the co-accused in the case was absconding and could not be arrested for a long time. Thereafter the trial of the petitioner was separated and he was tried before the court for the said charge, and on 21/11/1989 he stood acquitted.

(3.) MR. Bandre, the learned counsel appearing for the petitioner, submits that for no fault of the petitioner, the petitioner came to be arrested and detained in police lockup for the whole night and on the next day he was produced before the Magistrate, who remanded him to Magisterial Custody, and it is only on furnishing surety, that he came to be released, and that the Magistrate after examining his case ordered his release, therefore, the petitioner is entitled for compensation for his wrongful arrest, detention and confinement for no fault of his.