Seven accused of thefts during Visarjan, granted bail due to procedural errors

A court in Mumbai granted bail to seven theft suspects, citing police procedural errors during their arrests, violating their constitutional rights.

MUMBAI: Seven people accused of a series of thefts including phones, jewellery, and other property, were granted bail on Monday. As per a judicial magistrate first class (JMFC) court in Mazgaon, the police had made significant procedural errors during their arrests.

Seven accused of thefts during Visarjan, granted bail due to procedural errors

According to the police, the accused were arrested on suspicion of multiple thefts in the city during Ganeshotsav. The police alleged that they had stolen mobile phones and ornaments worth ₹10,000 during the Ganapti Visarjan procession at Lalbaug. Officers reportedly recovered 39 mobile phones, 12 SIM cards, and ₹39,000 cash from the group.

Despite the serious charges against them, the court ruled that the arrests were not justified. Judicial magistrate SD Panjwani highlighted several lapses in procedure and added that while the arrests were carried out on September 7, the grounds for the arrest were only communicated to the accused the following day.

The court said, “The constitutional rights of the accused have been violated by not following the proper procedure of arrest as per Bharatiya Nagarik Suraksha Sanhita (BNSS) and so arrest is not justified.”

The court also noted a lack of proper records, including the fact that “the time and station diary entry number of arrest is blank”. While the police claimed to have informed the accused’s relatives and friends about the arrest, the notice failed to provide any names or phone numbers.

The court concluded that the mandatory requirements for a legal arrest had not been met and, in such circumstances, the accused could not be taken into custody. The court ordered their release after each of them had submitted a personal bond of ₹15,000.