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Arrest & Remand – Exclusion of pre-arrest medical examination

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On 5.3.2023, the complaint for offences of cheating, forgery and dishonestly obtaining Rs.3,37,30,000/- was filed against the petitioner, his wife and other persons.   On 8.8.2023, the anticipatory bail application was rejected.   In the meanwhile, the charge-sheet was filed.

 

On 25.10.2024 at 1 pm, the petitioner was taken into custody and produced before Shivajinagar Police Station.  He was taken to Baramati and produced before Baramati Police Station on the same day at 5.07 pm

On 26.10.2024 at midnight 1.26 a.m. the petitioner was admitted in hospital and discharged at around 4.54 / 7 pm on the same day.  

On 26.10.2024, the petitioner was arrested at 10.13 pm. And produced in the Court at 12.20 pm.

HELD that there is no provision for exclusion of time taken for pre-arrest medical examination.  There is no requirement of pre-medical arrest.  Section 46 of the Cr PC provides that in making an arrest, the police officer shall actually touch or confine the body of the person to be arrested.   Section 53 provides for medical examination when a person is arrested on a charge of committing an offence and such an examination will afford evidence as to the commission of an offence. 

The time taken for pre-arrest medical examination cannot be excluded from computing the period of 24 hours.

The petitioner was taken into custody on 25.10.2024 at 1.00 p.m. or at least at 5.07 p.m, the period of arrest begins and the production on 27.10.2024 at 12.20 p.m. would violate Article 22(2) of the Constitution of India and Section 57 Cr PC.

The contention that the writ petition cannot be entertained since regular bail in which the said issue was raised, was rejected, cannot be accepted since it is a petition for issue of writ of Habeas Corpus.  If the arrest is illegal or without jurisdiction or violates Article 22 of the Constitution, then even if regular bail is rejected or remand is allowed, still the High Court can exercise its discretionary jurisdiction to issue Habeas Corpus writ.

Judgment dated 27.6.2025 of the High Court of Bombay in Criminal Writ Petition No.54 of 2025 of Hanumant Jagganath Nazirkar   Vs.   The State of Maharashtra

 

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