Case Note & Summary
The petitioners, Arun and Shailendra Tagad, filed a criminal writ petition seeking compensation of Rs. 5,00,000 each from the State of Maharashtra and other respondents, alleging that they were illegally arrested and detained by the police. The background of the case is that on 28 January 2013, an FIR was lodged against the petitioners at Beed Rural Police Station for offences under Sections 323, 324, 504, and 506 read with 34 of the Indian Penal Code. On 30 January 2013, the petitioners were arrested and produced before the Judicial Magistrate First Class, Beed, who granted them bail. However, the petitioners contended that immediately upon their release from the court campus, the same police re-arrested them and produced them before the Executive Magistrate, Beed. The Executive Magistrate directed them to furnish interim bonds with sureties of Rs. 25,000 each. The petitioners applied to be allowed to furnish cash security instead of surety bonds, but the Executive Magistrate adjourned the matter. The petitioners claimed that they were illegally detained. The court examined the record and noted that the petitioners were produced before the Executive Magistrate on the same day and were not kept in custody beyond that date. The court observed that the petitioners failed to provide any evidence that they were detained illegally or that the arrest was without authority. The court held that the burden of proof lies on the petitioners to establish illegal detention, and they did not discharge that burden. Consequently, the court dismissed the petition, finding no merit in the claim for compensation.
Headnote
A) Criminal Law - Illegal Arrest - Compensation - Claim for compensation for alleged illegal arrest and detention - Petitioners arrested in a criminal case, granted bail, but immediately re-arrested and produced before Executive Magistrate for preventive action under Section 107 CrPC - Petitioners failed to prove that they were kept in custody beyond the date of remand or that the arrest was illegal - Held that mere arrest and production before Executive Magistrate does not entitle compensation without proof of illegal detention (Paras 2-6).
Issue of Consideration
Whether the petitioners are entitled to compensation for alleged illegal arrest and detention by police after they were released on bail in a criminal case.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Illegal arrest
- Compensation for custodial detention
- Preventive detention under Section 107 CrPC
- Burden of proof on petitioner
- No presumption of illegality
Case Details
2020 LawText (BOM) (12) 10
Criminal Writ Petition No. 574 of 2013
T. V. Nalawade, M. G. Sewlikar
Mr. N. R. Thorat for Petitioners, Mr. S. J. Salgare, APP for Respondents
Arun S/o Narayan Tagad and Shailendra s/o Pralhad Tagad
The State of Maharashtra, The Superintendent of Police, Beed, The Collector, Beed, Gramin Police Station Beed, The Tahsildar, Beed
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking compensation for alleged illegal arrest and detention.
Remedy Sought
Direction to respondents to pay compensation of Rs. 5,00,000 to each petitioner.
Filing Reason
Alleged illegal arrest and detention by police after being released on bail in a criminal case.
Issues
Whether the petitioners were illegally arrested and detained by the police after being granted bail in a criminal case.
Whether the petitioners are entitled to compensation for the alleged illegal detention.
Submissions/Arguments
Petitioners argued that they were illegally arrested and detained by police after being released on bail, and produced before Executive Magistrate for preventive action under Section 107 CrPC.
Respondents contended that the arrest was lawful and petitioners were not illegally detained.
Ratio Decidendi
The burden of proof lies on the petitioners to establish illegal detention. Mere arrest and production before Executive Magistrate for preventive action under Section 107 CrPC does not entitle compensation without proof of illegal detention beyond the remand period.
Judgment Excerpts
The petition is filed for giving direction to Respondents to pay compensation of Rs.5,00,000/- to each of Petitioners on the ground that the Petitioners were illegally arrested and detained in custody at the instance of police.
The submissions made and record show that on 28th January, 2013, FIR was given to Beed Rural Police Station against the Petitioners by one lady and the crime for the offences punishable under Sections 323, 324, 504 and 506 read with 34 of the Indian Penal Code was registered.
On 30th January, 2013, both the Petitioners were arrested by police of Rural Police Station, Beed and the Petitioners were produced before the Judicial Magistrate First Class, Beed on the same day.
The Judicial Magistrate First Class granted bail to both the Petitioners and they were released when they furnished personal bond and surety bond.
It is the contention of Petitioners that when they came out of the campus of Court, same police arrested them immediately and they were taken before the Executive Magistrate, Beed.
On 30th January, 2013, both the Petitioners were produced before the Executive Magistrate, Beed and the Executive Magistrate made order against the Petitioners and directed them to give interim bond with two solvent sureties of Rs.25,000/- each.
On 30th January, 2013, the Petitioners moved an application before the Executive Magistrate and requested the Magistrate to permit them to give cash security in place of surety bond and they submitted that they had applied for getting solvency certificate, but such certificate generally is not issued immediately.
The Executive Magistrate did not allow this application and adjourned the matter to next date.
It is the contention of Petitioners that they were illegally detained.
Procedural History
The petition was filed in 2013. Rule was issued and made returnable forthwith. Heard both sides for final disposal. Judgment delivered on 1 December 2020.
Acts & Sections
- Indian Penal Code, 1860: 323, 324, 504, 506, 34
- Code of Criminal Procedure, 1973: 107
