Mumbai: The Bombay High Court has ordered the release of a man accused of raping a hearing and speech-impaired woman, noting that police had failed to follow proper procedure during his arrest. However, the court permitted the investigating agency to re-arrest him, citing the seriousness of the offence.
Court Observations
A bench of Justices Sarang Kotwal and Shyam Chandak clarified that the order did not amount to bail, but was passed solely because of procedural lapses committed by the police. “The survivor should not suffer due to the lapse on the part of the investigating agency,” the bench observed.
The court, after examining the case records, found that the accused had been detained in the police station for nearly a full day before being formally shown as arrested. He was produced before the magistrate beyond the legally mandated 24-hour period, violating constitutional and statutory safeguards.
Illegal Detention
“The timeline clearly shows that the accused was produced before the court beyond the stipulated 24 hours. Hence, it will have to be held that his detention was illegal, and as a result, he will have to be released,” the bench stated.
At the same time, the judges emphasised that since the allegations were grave, the investigating agency could re-arrest him following due process. “To strike a balance, liberty needs to be given to the investigating agency to re-arrest the detenue if they deem fit,” the order said.
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Background of the Case
The accused’s wife had moved the High Court, challenging his arrest on grounds of illegality. According to her plea, the man—employed as a housekeeping supervisor in a suburban housing complex—was booked by Sakinaka police in April for allegedly raping a hearing and speech-impaired woman working under him. The survivor alleged that he assaulted her in the building’s parking area while she was cleaning.
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