The Bombay High Court recently directed a man to be released from illegal judicial detention.
He had been arrested by the Economic Offences Wing of the Central Bureau of Investigation (CBI) and kept in custody for over 60 days.
A Division Bench of Justices S.C. Dharmadhikari and Bharati Dangre was hearing a plea filed by Rajkumar Jain alleging that his son Rohit was being kept in illegal judicial custody from November 23 till December first week and should be released. Mr. Rohit Jain was arrested by the CBI on September 9 and was charged under Section 420 (cheating and dishonestly inducing delivery of property) and Section 120B (punishment of criminal conspiracy) of the Indian Penal Code (IPC).
The Additional Chief Metropolitan Magistrate had sent Mr. Rohit Jain to judicial custody till September 28 and kept extending it, till October 12, till November 11 and again till November 23.
With this the maximum permissible custody of 60 days was over as per the Code of Criminal Procedure (CrPC). The court held that Mr. Rohit was illegally detained and directed that he be released from unlawful custody.
