GUNWANT TARACHAND JAIN @ NIKESH MADHANI vs THE STATE OF MAHARASHTRA

Judgment text excerpt

1-WP-393-2025-J.DOC 2025:BHC-AS:6842 Gaikwad RD IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.393 OF 2025 Gunwant Tarachand Jain @ Nikesh Madhani, Aged: 34 years, R/0102, C Wing, Pratigya Building, Bhayandar (West), District Thane. …Petitioner Versus The State of Maharashtra, Through The Senior Inspector of Police, Versova Police Station, Andheri Mumbai. …Respondent Mr. Sanjaykumar Singh, for the Petitioner. Mr. H. S. Venegavkar, Public Prosecutor, with Mr. Aashish I. Satpute, APP, for the Respondent-State. Mr. Nitin Thete, PI, Versova Police Station is present. CORAM : Dr. Neela Gokhale, J. (In Chamber) RESERVED ON : 11th February 2025 PRONOUNCED ON : 12th February 2025 JUDGMENT:- 1. The main issue canvassed in the present matter is the violation of the Petitioner’s constitutional right for not providing grounds of his arrest. 2. The Petitioner assails order dated 24 th December 2024 passed by the Sessions Court at Dindoshi, Goregaon, Mumbai in Criminal Revision Application No.284 of 2024, whereby the Sessions Court set aside order dated 22 nd November 2024 Page 1 of 9 12 th February 2025 1-WP-393-2025-J.DOC passed by the Judicial Magistrate First Class (‘JMFC’), 44 th Court, Andheri, Mumbai releasing the Petitioner/accused. The Petitioner/accused was directed to surrender before the concerned police station immediately, failing which the Investigating Officer was given liberty to arrest him in accordance with law. The Sessions Court granted police custody of the Petitioner/accused for five days from the date of surrender/arrest of the accused. 3. An F.I.R. was registered against the Petitioner bearing C.R.No.669 of 2024 registered on 21st November 2024 at 17:49 hrs. with the Versova Police Station, Brihan Mumbai Ci