Bombay High Court
Jessie Sydney Miranda W/O Sydney Herman ... vs State Of Maharashtra And Anr on 5 March, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
901 WP.704.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 704 OF 2024
Jessie Sydney Miranda ...Petitioner
Versus
State of Maharashtra and Anr. ...Respondents
WITH
WRIT PETITION NO. 709 OF 2024
Sydney Herman Miranda ...Petitioner
Versus
State of Maharashtra and Ors. ...Respondents
Mr. Yashwardhan Tiwari a/w Ms Deepa Panicker, Ms Tamanna Shaikh
and Mr. Irfan Shaikh, for the Petitioners.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
Mr. Anand Bhoite, DCP- Zone- 11, Mr. Chimaji Adhav, Sr. P.I.,
Malvani Police Station, Mumbai and Mr. Shamkant Nighot, PSI,
Malvani Police Station, Mumbai, are present.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 5th MARCH 2024
P.C. :
1. By these petitions, the petitioner therein seek a declaration that
their arrest in C.R. No. 127 of 2024, registered with the Malwani
Police Station, Mumbai was illegal; to declare their arrest and remand
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illegal in violation of the constitutional mandate, as enshrined in
Article 22(2) of the Constitution of India; and seeks initiation of
contempt proceedings against the respondent Nos. 2, 3 and 4, for
willful non-compliance of the judgment of the Hon'ble Apex Court in
Arnesh Kumar V/s. State of Bihar 1, in as much as no notice under
Section 41-A of the Code of Criminal Procedure (Cr.P.C.) was served
on the petitioners prior to their arrest. Compensation of Rs.10 lakhs
to each of the petitioner is also sought for, from the respondent No. 2,
as damages for the harassment caused by the respondent Nos. 2, 3 and
4 to the petitioners. By way of interim relief, release of the
petitioner- Sydney Miranda is sought on P.R. bond.
2. Learned counsel for the petitioner submits that the petitioner in
both the petitions had called the police of the Malwani Police Station,
Mumbai, for help. He submits that instead the police compelled the
petitioner in both the petitions to accompany them to the police
station, and without recording their statements, kept the petitioner in
custody for about three days. Learned counsel for the petitioner
further submits, that despite all the offences being punishable with less
1 (2014) 9 SCC 273
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than seven years imprisonment, no 41-A notice, as required in
Satender Kumar Antil V/s. CBI2 and Arnesh Kumar V/s. State of Bihar
was issued to either of the petitioner. He submits that after the
petition was filed, one of the petitioner, i.e. Petitioner- Jessie Sydney
Miranda was granted regular bail by the Magistrate Court. He
submits that as far as the Petitioner- Sydney Miranda is concerned, he
is still in custody.
3. The aforesaid petitions were mentioned before us yesterday, i.e.
on 4th March 2024 and, accordingly, having regard to what was
submitted before us, we had granted production of the aforesaid
petitions. The learned APP sought time and, accordingly, the matter
was adjourned to today, i.e. on 5th March 2024 at 2:30 p.m.. In view
of the grievance made by the learned counsel for the petitioner, in the
meantime, we directed the DCP Zone XI- Mumbai, to take into
custody the CCTV footage of the Malwani Police Station, Mumbai
dated 28th February 2024 from 11:30 a.m. to 5:00 p.m..
4. We are informed by the learned APP that the said footage has
2 (2022) 10 SCC 51
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been taken into custody by the DCP Zone XI- Mumbai. Learned APP
when questioned, does not dispute the fact that, no 41-A notice was
served on either of the petitioner. Learned APP, as of today, is unable
to justify, as to why 41-A notice was not served on the petitioners,
though admittedly, every offence with which the petitioner was
charged, was punishable with less than seven years.
5. Prima facie, having heard learned counsel for the parties, we find
that there is violation of the guidelines of the Apex Court in Arnesh
Kumar (Supra) as well as Satender Antil (Supra).
6. Learned APP for the respondent - State seeks time to file
affidavit-in-reply. The said affidavit to be filed in the Registry within
two weeks, with an advance copy to the learned counsel for the
petitioner.
7. Stand over to 26th March 2024.
8. In the meantime, till the aforesaid petitions are decided, the
petitioner- Sydney Herman Miranda is granted interim bail in
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connection with C.R. No. 127 of 2024, registered with the Malwani
Police Station, Mumbai, on the following terms and conditions:
ORDER
(i) The Petitioner- Sydney Herman Miranda be released on
cash bail in the sum of Rs.10,000/- for a period of six weeks;
(ii) The Petitioner- Sydney Herman Miranda shall within the
said period of six weeks, furnish P.R. Bond in the sum of
Rs.10,000/- with one surety in the like amount;
9. All concerned to act on the authenticated copy of this order.
10. Since, the learned counsel for the petitioners has now made a
grievance with respect to what transpired on 27 th January 2024, we
request the DCP Zone- XI, Mumbai to also take into custody the
CCTV footage of the Malwani Police Station, Mumbai of the same
day, from 9:00 a.m. to 11:00 p.m..
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
