Case Note & Summary
The petitioner, Sadhana Rathod, wife of arrested accused Ajinkya Rathod, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenging the orders dated 1st December 2022, 5th December 2022, and 8th December 2022 passed by the Judicial Magistrate First Class, Nagpur. The orders granted police custody remand to her husband and rejected her application under Section 97 CrPC for his recovery. The accused, a police constable attached to Central Prison, Nagpur, was arrested in Crime No.332/2022 for offences under Sections 420, 465, 468, 471 read with 120-B of the Indian Penal Code, 1860 and Sections 42 and 45 of the Prisons Act, 1894, for allegedly supplying ganja and transmitting messages to jail inmates using a bogus sim card. The petitioner sought quashing of the remand orders and grant of bail. The court, after hearing the parties, held that the police custody remand orders were not sustainable as the investigation was complete and no further custodial interrogation was necessary. The court also upheld the rejection of the Section 97 CrPC application as the accused was in lawful custody. Consequently, the court allowed the petition, quashed the remand orders, and granted bail to the accused on conditions including a personal bond of Rs.25,000 and one surety, with directions to cooperate with the investigation and not tamper with evidence.
Headnote
A) Criminal Procedure - Bail - Police Custody Remand - Sections 482, 97, 167 CrPC, Article 227 Constitution - The petitioner, wife of arrested accused, challenged orders granting police custody remand and rejecting her application under Section 97 CrPC for recovery of the accused. The court held that the police custody remand orders were passed without proper application of mind and the accused was entitled to bail as the investigation was complete and no further custodial interrogation was required. (Paras 1-10) B) Criminal Procedure - Section 97 CrPC - Application for Recovery of Person - The petitioner's application under Section 97 CrPC for recovery of her husband was rejected by the Magistrate. The court held that the rejection was proper as the accused was in lawful custody and Section 97 applies only to wrongful confinement. (Paras 2-8) C) Criminal Procedure - Bail - Conditions - The court granted bail to the accused on conditions including furnishing a personal bond and surety, and directed him to cooperate with the investigation and not tamper with evidence. (Paras 9-10)
Issue of Consideration
Whether the orders granting police custody remand and rejecting the application under Section 97 CrPC were legally sustainable, and whether the petitioner's husband was entitled to bail.
Final Decision
The court allowed the petition, quashed the orders dated 1st December 2022, 5th December 2022, and 8th December 2022, and granted bail to the accused Ajinkya Subhash Rathod on furnishing a personal bond of Rs.25,000 with one surety, subject to conditions including cooperation with investigation and not tampering with evidence.
Law Points
- Bail
- Police custody remand
- Section 97 CrPC
- Article 227
- Section 482 CrPC
- Right to fair investigation
- Custodial interrogation
