LAWS(BOM)-2024-9-31

HEM PRABHAKAR SHAH Vs. STATE OF MAHARASHTRA

Decided On September 05, 2024
Hem Prabhakar Shah Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present Writ Petition is filed by Shri Hem Prabhakar Shah, praying for issuance of writ of Habeas Corpus or writ, any other order or direction, seeking his release forthwith, as according to the petitioner, he has been illegally detained. The petitioner has also sought directions for quashing and setting aside of the Remand Orders dtd. 15/8/2024 and 17/8/2024, his arrest being not in accordance with law.

(2.) We have heard learned senior counsel Mr.Aabad Ponda for the petitioner and Mr.J.P. Yagnik, learned APP for the State. We have also heard Mr.Karan Kadam along with Mr.Ishwar Nankani, appearing for the intervenor/complainant. On hearing them, we have issue Rule and by consent of the parties, by making the rule returnable forthwith, we have finally heard the writ petition.

(3.) The background facts leading to the arrest of the petitioner, as set out in the petition disclose the following events:-