Bombay High Court: The Division Bench comprising of Revati Mohite Dere, Manjusha Deshpande, JJ. granted interim bail to the petitioner who had been arrested for offences under Section 420 read with Section 34 of the Penal Code, 1860 (“IPC”), that require the service of notice under Section 41-A of the Code of Criminal Procedure, 1973. The Court stated that the allegations made by the petitioner against his arrest had substance, and directed the Deputy Commissioner of Police, Zone 2, Mumbai, to apply for Call Detail Records and WhatsApp messages and call logs of the petitioner and the respondent.
Background
The petitioner has filed a petition against his arrest by the police, alleging it to be illegal, and in contravention of Section 41-A of the Code of Criminal Procedure, 1973 (“CrPC”), amongst other grounds.
It is alleged by the petitioner that he was arrested for offences under Section 420 read with Section 34 of the Penal Code, 1860 (“IPC”), wherein the service of notice under Section 41-A (“notice”) of the CrPC is mandatory. The petitioner also alleged that post arrest, his phone had been used by the Investigating Officer (“respondent”) for nearly 10 days to demand money from the petitioner’s father to settle the arrest.
Observations and Order
Prima facie, the Court said that it was doubtful of the fact whether the notice was served on the petitioner. Further, the Court also said that the police had not complied with the provisions of the law and that there was substance in the petitioner’s allegations.
The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.
Considering the violation of law, the Court deemed it appropriate to grant interim bail to the petitioner in the sum of Rs. 25,000 for six weeks.
The Court also directed the Deputy Commissioner of Police, Zone 2, Mumbai, to apply for the Call Detail Records (“CDR”) and the WhatsApp messages and call logs of the petitioner, and of the respondent.
The case was adjourned until 3 May 2024, for further orders.
[Bhairaram Saraswat v. State of Maharashtra, 2024 SCC OnLine Bom 1075, Order dated: 05-04-2024]
Advocates who appeared in this case :
Advocates for the Petitioner: Mudit Jain, Aman Kacheria, Rahul Agarwal, Jasmin Purani and Sajid Sayed
Advocates for the Respondent: H. S. Venegavkar, P. P. Shinde
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