Bombay High Court orders inquiry and interim bail in unlawful arrest case by Mumbai Police

The Bombay High Court rebuked Mumbai Police officers for unlawfully arresting a shopkeeper from Ahmedabad in a cheating case. The court ordered a departmental inquiry and granted interim bail to the shopkeeper, Bhairaram Saraswat.

Unlawful arrest

Saraswat, a hardware shop owner, was picked up from his shop in Ahmedabad by plainclothes policemen in connection with a case registered at the LT Marg police station in South Mumbai on March 19, 2024.

Advocates representing Saraswat highlighted that he was not named in the FIR related to crores of rupees missing in the Angadia system transfer. They argued that Saraswat, who doesn't know Marathi, was forcefully taken to Mumbai without proper notice.

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Allegations of abuse

The lawyers further claimed that Saraswat was tortured, and his relatives were demanded a bribe of Rs 50 lakh for his release. They mentioned that CCTV footage showed Saraswat being mistreated in police custody.

The court expressed dissatisfaction with the police's actions and ordered a departmental inquiry into the matter. It questioned the purpose of a Section 41A notice, stating it seemed like an "empty formality." The court found merit in Saraswat's allegations of not receiving a proper notice and custodial torture.

The court directed a Deputy Commissioner of Police to obtain call details from Saraswat's phone and another accused's number during their custody. The case will be heard further on May 3.

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