LAWS(BOM)-2023-4-10

ANIL JAISINGHAN Vs. STATE OF MAHARASHTRA

Decided On April 03, 2023
Anil Jaisinghan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioners have filed present Petition under Article 226 of the Constitution of India for their release from custody in CR No.28 of 2023 dtd. 20/2/2023 registered with Malabar Hill Police Station, Mumbai under Ss. 120(b) and 385 of the Indian Penal Code and under Ss. 8 and 12 of Prevention of Corruption Act, on the ground that, from their arrest on 19/3/2023 at about 11.45 p.m. near Godhra, State of Gujarat, 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 Sec. 57 of the Code of Criminal Procedure (for short, " the Cr.P.C. ' ").

(2.) Heard Mr. Mrigendra Singh, learned Senior counsel for the Petitioners and Dr. Saraf, learned Advocate General for the Respondent-State. Perused record produced before us.

(3.) Though the Petitioners have prayed for several reliefs in the prayer clause of the Petition, the learned Senior counsel for the Petitioners submitted that, he is restricting his relief for release of the Petitioners from custody of Respondent-State on the ground of breach of Article 22(2) of the Constitution of India and Sec. 57 of the Cr.P.C.