Latest news with #SC&STAct

Time of India

Murder over peeing near shop: Cops draw flak for accused getting bail

Chhatrapati Sambhajinagar: The city police arrested the five accused following the murder of a man and the injury of two people during a brawl over urinating near a chicken shop in the Mukundwadi area late on Thursday. However, the accused obtained bail within 24 hours of their arrest, drawing criticism of the city police. On Friday, special judge (SC & ST Act) A R Ubale granted bail after ACP Sudarshan Patil presented the accused in court seeking their police custody. Judge Ubale ruled the arrest illegal due to non-compliance with constitutional and legal safeguards, notably article 22(1) of the Constitution and section 47 of the BNS. In his order, Judge Ubale stated: "Apex Court cast duty on the trial court to declare the arrest to be illegal and to release the accused on bail, forthwith, if there is non-compliance with the constitutional mandate. As in the present case, the grounds of arrest are not communicated to the accused Nos.1 to 5 in writing, their arrest becomes illegal. Therefore, the accused Nos. 1 to 5 are entitled to be released from custody on furnishing bail and bonds. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo " The court noted although the investigating officer, ACP Patil, claimed to have informed the accused of the grounds of arrest, he admitted that no written communication was made. Though there were station diary entries in this regard, the arrest memo entries lacked any mention of specific grounds for arrest. Judge Ubale relied on key Supreme Court rulings, including Vihaan Kumar vs State of Haryana, Pankaj Bansal v Union of India, and Prabir Purkayastha v State (NCT of Delhi), reaffirming the mandatory requirement to inform an arrested person in writing and in comprehensible language about the reasons for arrest. The court held that any violation renders the arrest and remand process illegal, though it does not affect the validity of the investigation or trial. The five accused — Mastan alias Nanna Husain Qureshi, Samir Khan Sartaj Khan, Babar Shaikh Afsar Shaikh, Sajid Quresh alias Sajju Ahmed Qureshi, and Nasir Khan Mohammad Munir Khan — were granted bail on a personal bond of Rs25,000 each, along with one solvent surety. The court directed them to cooperate with the investigation and attend the MIDC Cidco police station every Saturday and Sunday until the chargesheet is filed. Meanwhile, Satara area police station arrested the five accused in a pending dacoity case.