YESHWANT BAPUJI MOKASHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are applications by one Yashwant Bapuji Mokashi by one of which he prays that one Malati Sitaram Mokashi be released from unlawful custody and by the other for action in contempt against two C. I. D. Officers, Sub-Inspector S. A. Shinde (Respondent 2) and Police Inspector Shravan Kiro Ahir (Respondent 3 ).

(2.) THE facts leading to these applications are briefly these: On 25-6-1967 there was theft of nearly Rs. 84,000 in the Thana Branch of the Dena Bank. In connection with this theft the petitioner's brother Sitaram Bapuji Mokashi, who was the Accountant of the Bank, and the watchman of that bank were arrested on 27-6-1967. The offence was registered at the Thana Police Station. On 30-6-1967 the investigation was transferred to the C. I. D. Department, Bombay, and Shinde, Police-Sub-Inspector C. I. D. was deputed for investigation. In the course of investigation on 2-7-1967 Shinde arrested Malati Sitaram Mokashi, the wife of Sitaram Bapuji Mokashi and the sister-in-law of the present petitioner. Malati was produced before the Judicial Magistrate, First Class, Thana, on 3-7-1967 and she was remanded into police custody till 10-7-1967. On 10-7-1967 when Malati was produced before the learned Magistrate, a bail application which had been filed earlier was heard by the learned Magistrate and rejected. On rejection, Malati was remanded to police custody upto 15-7-1967. As 15-7-1967 was a Saturday, the learned Magistrate ordered that she be produced before him at 8 a. m.

(3.) ON 15-7-1967 Malati was not produced before the learned Magistrate as required. The Investigating Officer Shinde who was present informed the Court that during the course of the investigation he had gone to Sultanpur in Uttar Pradesh and had only returned on the 13th, and in the meantime Malati and some of the other accused were being interrogated by higher officers of the Department, and just at that moment he did not exactly know the whereabouts of Malati. He also assured the Magistrate that the police officers, who had taken charge of the accused and gone out-side Thana for investigation, would produce the accused before the nearest Magistrate in the locality. The learned Magistrate apparently was not satisfied with the explanation given by the Investigating Officer and he therefore, passed the following order:-"accused No. 3 (Malati) and No. 4, who are directed to be produced before me today at 8 a. m. they are not produced. P. S. I. Shinde says that the custody of these accused is with higher officers. He learns that the accused are out of Thana. The bail application is set down for orders on 18-7-1967. P. S. I. Shinde or whoever is in charge of investigation is directed to produce accused Nos. 3 and 4 before me at 11 a. m. " Malati was accordingly to be produced before the learned Magistrate on 18th July 1967.