SHAZAIB SABIR PATEL vs STATE OF MAHARASHTRA

Judgment text excerpt

1/21 902 WP-5722-25.odt Salgaonkar MANDIRA MILIND SALGAONKAR Digitally signed by MANDIRA MILIND SALGAONKAR Date: 2025.11.29 10:55:43 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5722 OF 2025 Shazaib Sabir Patel .. Petitioner Versus State of Maharashtra & Anr. .. Respondents … Ms.Payoshi Roy with Ms.Palak Dubey and Mr.Ulkesh Gangurde for the Petitioner. Mr.Tanveer Khan, Addl.P.P. for the State/Respondent. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATE : 24th NOVEMBER, 2025 ... JUDGMENT:- 1. The Writ Petition is filed by the relative and next kin, being the cousin brother of Safvan Abdul Rauf Patel and Afnan Abdul Rauf Patel , who are arraigned as Accused Nos.2 and 3 in F.I.R.No.0274 of 2025 and arrested by Taloja Police Station. The Petition seek a direction to the Superintendent of Taloja Central Prison to produce them before the Court, either physically or through video conferencing. A declaration is also sought that their continued detention in Taloja Central Prison is illegal, arbitrary and in 2/21 902 WP-5722-25.odt violation of Section 187 of the Bhartiya Nagarika Suraksha Sanhita, 2023 (for short, “BNSS”) as well as Article 21 of the Constitution of India. 2. Pleadings in the Petition being complete, we have taken up the same for hearing at the stage of admission, and, hence, we issue ‘Rule’, which is made returnable forthwith. 3. We have heard learned Advocate Ms.Payoshi Roy with Ms.Palak Dubey for the Petitioner and learned Additional Public Prosecutor, Mr.Tanveer Khan for the State. 4. F.I.R.No.274 of 2025 is registered with Taloja Police Station on 08/08/2025 on the complaint filed by one Ammar Harun Madar, with four persons being named as accused alongwith one unknown person. The Complainant alleged that