The Bombay High Court on Tuesday (September 29) held that merely producing an arrested person before a court within 24 hours is not sufficient but the said person must be produced before a 'nearest' Magistrate.

A division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale therefore granted bail to one Kalim Shaikh, who was arrested from Barshi in Solapur district and brought to Mira Road, nearby Mumbai and produced here.

Shaikh, a driver by profession, who was booked in a rape case, was arrested on August 22 from his hometown in Barshi taluka in Solapur at 4:50 AM. After being arrested he was brought to Mira Road, which is nearly 380 to 400 km away and here he was produced before the concerned Magistrate on August 22 afternoon but since the Magistrate was not available as he was attending some judicial workshop, the accused was taken back to the police station and again produced at 7:45 PM, which the petitioner argued violated his fundamental right under Article 22(2) of the Constitution of India.

The bench after noting the facts of the case, referred to various judgments of the Supreme Court and other High Courts and agreed with Shaikh that the investigating agency ought to have produced him before a nearest Magistrate, instead of bringing him directly to Mira Road. 

"...it is clear that the Investigating Agency was duty bound to produce the Petitioner before the 'nearest Magistrate' at Barshi, from where he was arrested. The contention that he was produced within 24 hours by itself is not sufficient. The arrested person has to be produced before the nearest Magistrate," the bench made it clear.

With the bench pronouncing its view or releasing Shaikh, the prosecution urged the judges to grant it the liberty to re-arrest him. The judges considered the facts of the case, and granted bail to Shaikh and ordered his release on furnishing a surety of Rs 50,000. The bench also granted the liberty to the prosecution to re-arrest Shaikh but in accordance with law. 

Appearance:

Advocates Priyal Sarda, Shubham Sane and Seema Dighe appeared for the Petitioner.

Additional Public Prosecutor Mankhunwar Deshmukh represented the State.