The petition is filed for giving direction to Respondents to pay compensation of Rs.5,00,000/- to each of Petitioners on the ground that the Petitioners were illegally arrested and detained in custody at the instance of police.
The criminal writ petition was filed by Arun Tagad and Shailendra Tagad seeking compensation of Rs. 5 lakh each for the said illegal detention.
FIR was registered at Beed Rural Police Station on 28 January 2013 against the petitioners at the instance of a 35-year-old lady for the offences punishable under Sections 323, 324, 504 and 506 read with 34 of the Indian Penal Code was registered, after they were heard by Judicial Magistrate First Class they were granted bail. Immediately after leaving court the petitioners were arrested and produced before executive magistrate.”Executive Magistrate made an order against the petitioners and directed them to give interim bond with two solvent sureties of Rs.25,000 each.”
Petitioner requested for cash security in place of surety bond and also submitted that they applied for solvency certificate, but Application was not allowed and petitioners were kept in custody for 6 days from 30 January, 2013.
The bench said-
“The provision of Section 107(1) of the Code of Criminal Procedure shows that there are conditions for starting the proceeding under this section….In the present matter, the record shows that there was only a police report of aforesaid police head constable before the Executive Magistrate and that was in respect of registration of aforesaid crime. The report does not show that any document including a copy of aforesaid FIR was supplied to the Executive Magistrate. On this report itself, the Executive Magistrate made the order and directed the Petitioners to execute interim bonds under Section 116(3) of the Code of Criminal Procedure of aforesaid nature. The record produced and the reply of the police head constable does not show that before passing such order, any order of show cause as required under Section 111 of the Code of Criminal Procedure was made.”
Further the bench said that the act if executive magistrate was illegal.
Justice T. V. Nalawade & M. G. Sewlikar, ordered Respondents to pay Rs.50,000/- (Rupees Fifty Thousand only) to each Petitioner as compensation for illegal detention. Initially, the State Government has to pay this amount and it is to be done within 45 days from today, failing to which the amount will carry interest at the rate of 8% per annum.