Case Note & Summary
The petitioner, Yogesh Shantinath Ghaste, was the original complainant in FIR No. 318/2022 registered at Miraj Rural Police Station. During investigation, the police filed a charge sheet under Section 173 CrPC against some accused, but kept the investigation open. Subsequently, the petitioner was arraigned as an accused based on material found against him. He was arrested on 15th April 2025 at 20:59 Hours. The petitioner, through his counsel Mr. Tapan Thatte, argued that the previous charge sheet and statements recorded under Section 161 CrPC were not supplied to him as required under Section 207 CrPC. He contended that the grounds of arrest include not only the grounds supplied at the time of arrest but also the Section 161 statements. The State, represented by APP Mr. Avinash A. Naik, opposed the bail. The court, after hearing both sides, observed that the failure to supply the previous charge sheet and Section 161 statements to the petitioner violated Section 207 CrPC. The court held that the grounds of arrest must be read in conjunction with the documents under Section 207 CrPC, and non-supply of such documents vitiates the arrest. Accordingly, the court allowed the petition and directed the petitioner's release on bail on such terms as the trial court may deem fit.
Headnote
A) Criminal Procedure - Bail - Non-supply of documents under Section 207 CrPC - Right to fair trial - The petitioner, originally the complainant, was arrested and arraigned as an accused. The court found that the previous charge sheet and Section 161 statements were not supplied to him, which constitutes a violation of Section 207 CrPC. The court held that the grounds of arrest include not only the grounds supplied at the time of arrest but also the statements recorded under Section 161 CrPC. Failure to supply these documents vitiates the arrest and entitles the accused to bail. (Paras 1-6) B) Criminal Procedure - Arrest - Grounds of arrest - Section 50 CrPC - The court noted that the petitioner did not challenge the service of grounds of arrest under Section 50 CrPC. However, the court held that the grounds of arrest must be read in conjunction with the documents under Section 207 CrPC, and non-supply of such documents renders the arrest illegal. (Paras 3-6)
Issue of Consideration
Whether the failure to supply the previous charge sheet and statements recorded under Section 161 CrPC to the accused, who was originally the complainant, violates the right to a fair trial and entitles him to bail.
Final Decision
The petition is allowed. The petitioner is directed to be released on bail on such terms and conditions as the trial court may deem fit.
Law Points
- Right to receive documents under Section 207 CrPC
- Grounds of arrest include Section 161 statements
- Non-supply of documents vitiates arrest
- Bail granted for procedural violation
