Bombay High Court has directed the release of a man on bail who was not informed by Antop Hill police about the grounds of his arrest and his right to bail, as mandated under Section 50 of Criminal Procedure Code.
On Tuesday, a Bench of Justice Nitin Sambre and Justice Manjusha Deshpande declared Vinit Dixit ‘s arrest as “illegal and in gross violation of the fundamental rights of the petitioner” guaranteed under Articles 21 (Right to Life) and 22 (Protection Against Arrests and Detention in Certain Cases).
They also declared subsequent remand orders of April 18 to police custody and May 2 to judicial custody, passed by a Kurla magistrate, “to be null and void”.
Justice Deshpande wrote for the bench “Upon setting aside the remand orders, the petitioner is entitled to be released…on furnishing bail bonds…,” .
On April 18, Dixit (33) was arrested and booked under Indian Penal Code Section 307 (attempt to murder) and under the Arms Act in relation to an April 6 FIR. A man was shot and seriously injured. The main accused had allegedly confessed that he committed the crime conspiring with four others, including Dixit.
Dixit contended he was falsely implicated. His advocate, Kashif Ali Khan, said the arrest panchnama did not disclose the grounds of arrest, and he was not informed of his right to bail.
The judges noted that the police inspector’s affidavit said entries were made in the station diary and case diary, and Dixit’s wife was telephonically informed of his arrest. There is “nothing on record” to show the detaining authority adhered to procedure under Section 50 before effecting Dixit’s arrest.
The judges said failure to follow statutory mandates and constitutional provisions of law resulted in the deprivation of Dixit’s personal liberty and his legal right to bail.
“If the arrest itself is not conducted by adhering to the provisions of law, the detention of such a person is rendered illegal,” they added.
The judges noted the arrest panchnama discloses “that reasons for arrest have not been communicated to the petitioner, much less the grounds of detention”.
Referring to the Supreme Court’s Oct 3, 2023, judgment declaring an arrest illegal since grounds of arrest were not furnished in writing, the judges said all arrests have to comply with the law laid down in that case. “Even in the present case, we do not have any hesitation in holding that the respondent (police) has failed to adhere to the guidelines laid down by the Honourable Apex Court… which has resulted in the violation of fundamental rights of the petitioner, making his detention illegal.”