Interim Bail Granted to Petitioner in Arrest Procedure Violation Case: Court Orders CDR Retrieval.
05 April 2024
Bail and Antcipatory Bail >> Criminal Law
In Bhairaram Saraswat v/s State of Maharashtra & Others., the petitioner challenges his illegal arrest and the non-compliance of procedural safeguards under the Criminal Procedure Code (Cr.PC), particularly Section 41A, during his detention. The petitioner was allegedly detained by plainclothes police officers in Ahmedabad on 19th March 2024, without being served a mandatory Section 41A notice or an arrest memo, and was brought to Mumbai without transit remand. He argues that his rights were violated, referencing Supreme Court judgments such as Satender Kumar Antil v. CBI (2022) and Arnesh Kumar v. State of Bihar (2014), which mandate compliance with procedural norms for arrest.
Further, the petitioner claims his phone was used by the police to communicate with his family and demand money for settling the matter. CCTV footage and an affidavit from the petitioner’s lawyer indicate discrepancies in the police's handling of his case. The Public Prosecutor asserts that a Section 41A notice was served on the petitioner, but seeks more time to file a detailed response.
Considering the prima facie violation of legal procedures and the serious allegations against the police, the court grants the petitioner interim bail for six weeks on certain conditions, and orders the Deputy Commissioner of Police to retrieve Call Detail Records (CDR) and WhatsApp messages from both the petitioner and another accused. The case is set for further hearings in May 2024.