SUSHIL LOHIYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In this Petition, we are dealing with a short but an important issue of seminal importance relating to personal liberty of son of the Petitioner. Brijesh Lohiya is one of the accused in an offence registered under Ss. 120-B read with 420 of Indian Penal Code and Sec. 13(2) read with 13(1)(d) of PC Act 1988 with CBI, EOB, Mumbai. He was duly arrested, produced before the Special Court and remanded to police custody initially. On 8/3/2022 he was sent to Magisterial custody and due date for production was 22/3/2022. On 22/3/2022, the son of the Petitioner was neither produced physically nor virtually. The Special Judge, CBI extended the period of Magisterial custody till 5/4/2022.

(2.) On this background, the Petitioner has filed this habeas corpus Petition for setting aside the impugned remand Order dtd. 22/3/2022 in RC-04/E/2017 and direct Respondent No.2 to forthwith release the Petitioner's son Brijesh Lohiya from the continued illegal detention at the Mumbai Central Prison. Whereas the Respondents' submission is that the detenue's judicial custody was extended by Special Judge and hence no reliefs can be granted. We have heard Mr. Ponda, learned Senior Advocate for the Petitioner, Mr. Patil for Respondent No.1 and Mrs. Mhatre, APP for Respondent No.2-State.

(3.) So issues involved before us are :-