PANAJI
In an initial judicial setback to the police, the Judicial Magistrate First Class (JMFC) court on Saturday granted bail to constable Saish Parsekar “ accused of stealing gold ornaments from an accident victim “ holding that his arrest by the Anjuna police was illegal and in breach of mandatory safeguards under the Bharatiya Nagarik Suraksha Sanhita.
The Mapusa court ordered the 29-year-old’s immediate release while also rejecting the police’s plea seeking extended police custody.
In a seven-page order, Judicial Magistrate Puja Sardessai noted that the offence in question was bailable in nature and that a notice under Section 35(3) of the BNSS had already been issued to the accused, directing him to appear before the police. Records showed that Parsekar had complied with the notice and made himself available for interrogation. He was arrested on Friday.
The remand application, the magistrate said, contained contradictory statements. “There is nothing produced on record to indicate what necessitated the arrest of the accused even though he complied with the notice. On the contrary, there are self-contradictory statements made in the remand application. On the one hand it is contended in the remand application that the Applicant/Accused is arrested as he failed to comply with the lawful notice under Section 35(3) of BNSSS and has deliberately withheld cooperation. However, the IO at the time of remand submitted before the Court that the Applicant/Accused appeared at the police station pursuant to the notice under Section 35(3) BNSS issued to him,” it said.
Declaring the arrest illegal and in violation of Section 35(5) of the BNSS, the court rejected the police custody remand and directed that the accused be released forthwith.
However, the magistrate made it clear that the accused must continue to comply with the notice and appear before the investigating officer as and when directed. The investigating agency has been granted liberty to re-arrest him, provided due process of law is followed.
