LAWS(BOM)-2025-9-120

VICKY @ VIKKY Vs. STATE OF MAHARASHTRA

Decided On September 25, 2025
Vicky @ Vikky Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith with consent of the parties.

(2.) This petition is filed for release of the Petitioner in connection with C.R.No.92 of 2025 registered at Yerwada police station, Pune, because, according to the Petitioner, there was violation of Article 22(2) of the Constitution of India. According to the Petitioner, he was not produced before the nearest Magistrate within a period of 24 hours as was required under the said Article. Consequently, there was violation of Sec. 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), as he was not produced before the nearest Magistrate within 24 hours of his arrest. The second ground for filing this petition was that, there was violation of Sec. 35(3) and Sec. 35(5) of the BNSS.

(3.) Heard Mr. Mayuresh Ingale, learned counsel for the Petitioner and Ms. Supriya Kak, learned APP for the State.