NAWBAR MAMU IRANI @ NAWBAR YUSUF @ JAFARI vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

WP 3526-2025 (J).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3526 OF 2025 ANAND NAWBAR MAMU IRANI @ .. Petitioner SUDHAKAR NAWBAR YUSUF ALI JAFARI SUDAME Age : 57 years, Occ : Housewife Resident of Indira Nagar, near Irani Masjid Ambivali, Kalyan(West) Digitally signed by ANAND SUDHAKAR Mother of Ms. Kausar Yusuf Ali Jafari SUDAME @ Bushi Date: 2025.09.03 presently at Thane Central Prison 15:11:37 +0530 Versus 1. THE STATE OF MAHARASHTRA through the Senior Inspector of Rabodi Police Station, Thane City. 2. AJIT SHINDE Senior Police Inspector attached to Crime Branch Unit No. 3, Kalyan Police Station. 3. THE POLICE COMMISSIONER, Thane. .. Respondents Mr. Rajay Gaikwad a/w. Ms. Shraddha Vavhal, Advocates, for the Petitioner Mr. S. V. Gavand, APP, for the Respondent - State CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. RESERVED ON : 18th AUGUST, 2025 PRONOUNCED ON : 3rd SEPTEMBER, 2025 Anand 1/8 WP 3526-2025 (J).odt JUDGMENT (PER : GAUTAM A. ANKHAD, J.) 1. Rule. Rule is made returnable forthwith. With the consent of the parties, the Petition is taken up for final hearing and disposal. 2. The Petitioner is the mother of Ms. Kausar Yusuf Ali Jafari @ Bushi (‘Kausar/Accused’) who is presently lodged at the Thane Central Prison. The Petitioner has filed the Writ of Habeas Corpus to declare that Kausar’s arrest on 11th May, 2025 is illegal and violates her fundamental rights. This is on two grounds :- (i) She was detained for more than 24 hours before being produced before the learned Magistrate; and (ii) The reasons for arrest were not furnished to her or her family. 3. We have tried to decipher the Petitioner’s case, in a poorly drafted Petition. The facts that emerge from pages 9 – 13 of the Petition are as fol