CW-2023-0028Mumbai City, MaharashtraJudgment 29 September 2023

Mumbai Man vs State of Maharashtra and Others

The judgment of the Bombay High Court records the following account. Music teacher a Mumbai man was detained at Tardeo Police Station on 17 July 2023 and transferred overnight to Saat Rasta Lock-up in connection with C.R. No. 310/2023 registered under Sections 354A and 509 IPC, both bailable offences. Despite Sampat having complied with Section 41A CrPC notices and his advocate tendering a written request to furnish bail under Section 436 CrPC, police refused bail, stripped him in the lock-up, and released him on a personal bond only after his wife moved a habeas corpus petition before the High Court on 18 July 2023. A division bench of the Bombay High Court held that the overnight detention was entirely illegal and in brazen violation of Article 21, Section 436 CrPC, and Supreme Court arrest guidelines. The Court directed the State Government to pay Rs 2,00,000 compensation to the victim, ordered the Commissioner of Police to appoint a DCP-rank officer to conduct an inquiry into the conduct of officers at Tardeo Police Station and Saat Rasta Lock-up within eight weeks, and ordered that the compensation amount be recovered from the salaries of the officers found responsible. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 29 September 2023 in Writ Petition No. 2436 of 2023, the Bombay High Court (Coram: Revati Mohite Dere, Gauri Godse, JJ.) returned findings adverse to 2 police personnel, namely: Senior Police Inspector, Tardeo Police Station, Mumbai; Police Sub-Inspector, Tardeo Police Station, Mumbai, and directed payment of compensation of Rs 2 lakh (Rs 2,00,000).

Register number
MH 01 CW 0038
Case reference
Writ Petition No. 2436 of 2023 / 2023:BHC-AS:28590-DB
Court and date
Bombay High Court (Coram: Revati Mohite Dere, Gauri Godse, JJ.), 29 September 2023
Officer(s) at the material time
Senior Police Inspector, Tardeo Police Station, Mumbai; Police Sub-Inspector, Tardeo Police Station, Mumbai
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 41A of the Code of Criminal Procedure, 1973; Section 436 of the Code of Criminal Procedure, 1973; Section 354A of the Indian Penal Code, 1860; Section 509 of the Indian Penal Code, 1860; Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“It is thus clearly evident from the aforesaid facts, that the petitioner's husband-a Mumbai man was detained illegally by the police from around 9:30 p.m on 17th July 2023, till 1:00 p.m. on 18th July 2023, till the time, the …” (at para 20)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2 lakh (Rs 2,00,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Bombay High Court judgment dated 29 September 2023 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“It is thus clearly evident from the aforesaid facts, that the petitioner's husband-a Mumbai man was detained illegally by the police from around 9:30 p.m on 17th July 2023, till 1:00 p.m. on 18th July 2023, till the time, the …” (para 20)

Institutional response

1
29 Sep 2023

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 200,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: 2023:BHC-AS:28590-DB
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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