Pune magistrate and SP rural to file report on why a protected accused was sent to judicial custody

Bombay High Court has called for a report from the Judicial Magistrate, First Class, Ghodnadi, Shirur in Pune district, and the Superintendent of Police (rural) which will be heard on July 25. 

Bombay High Court has called for a report from the Judicial Magistrate, First Class, Ghodnadi, Shirur in Pune district, and the Superintendent of Police (rural) which will be heard on July 25.

The report is being sought by court over an accused, who had been granted interim protection from arrest by the high court, being sent to Judicial Custody by the Magistrate.

Justice NJ Jamadar went through the arguments submitted by advocates Satyavrat Joshi and Nitesh Mohite appearing for the accused and the bench noted that in January this year, another bench of the High Court, Justice CV Bhadang, had granted interim protection from arrest to the accused in January.

The January order had stated, “in the event of his arrest in case registered with Shikhrapur police station, Pune, the accused be released on bail on execution of PR Bond in the sum of Rs 25,000 with one or two solvent sureties in the like amount.” The interim order of protection kept getting extended during every hearing.

In spite of the protection, when a summon was issued to the accused on June 28, 2022 by the Ghodnadi Magistrate court and when the accused appeared before the Court, he was taken in custody, and remanded to judicial custody on July 2. However, later the Magistrate had realised the mistake and had released the accused immediately on the same day.

The accused was a witness in a sale deed which according to the complainant was done fraudulently. The magistrate while releasing the accused had said the order of sending accused was “inadvertently” passed by him and released the accused “forthwith”. “After passing order it came to my notice that the High Court in an anticipatory bail application granted interim till July 11, 2022,” said the Magistrate.