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Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution

January 15, 2025 legaldeli

The petitioner, who was accused no.5 in the crime, was taken in custody at 6.40 p.m. by the police. Thereafter, she was taken for medical examination and then produced before the Magistrate in the midnight at 12.37 am of 10 / 11.9.2024.

According to the police, she was taken in custody at 6.40 p.m. before sun set and arrested in the midnight after obtaining permission of the Magistrate. Therefore, the arrest of woman accused after sunset was legal.

HELD that the petitioner had produced record from internet showing that sunset for Karmala town was at 6.37 p.m. The petitioner was, therefore, taken in custody at 6.40 p.m. was after sunset. The police cannot contend that the woman accused was taken only in custody and actual arrest was made in the mid night after permission of the Magistrate. Such an interpretation is not possible since the police was ware that the woman accused would be released from jail in another crime and therefore, prior steps for permission ought to have been taken. Therefore, the arrest of the petitioner was illegal.

The precious guarantee of Life and Liberty enshrined in Article 21 of the Constitution available to a citizen cannot be denied even to an accused in custody.

The petitioner who was accused no.5 in the offence was arrested in the midnight at 12.37 a.m. in the midnight of 10^th and 11^th September 2024 after obtaining prior permission of the Magistrate.

Judgment dated 9.1.2025 of the Division Bench of the High Court of Bombay in Criminal Writ Petition (St) No.23969 of 2024 of Payal Hariom Verma Vs. State of Maharashtra and another

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