Bookie Anil Jaisinghani Moves Bombay High Court Alleging Illegal Arrest In Case Filed By Amruta Fadnavis

Bookie Anil Jaisinghani has approached the Bombay High Court challenging his arrest in a complaint filed by Amruta Fadnavis, wife of Deputy Chief Minister Devendra Fadnavis.

A division bench of Justice GS Kulkarni and Justice RN Laddha will hear the case on Monday, March 27.

Fadnavis has alleged that Aniksha Jaisinghani, Anil Jaisinghani's daughter, attempted to bribe her with Rs 1 Crore to seek her “intervention” in a criminal case involving her father. Further, they also allegedly tried to extort Rs 10 Crores from her.

Anil Jaisinghani was arrested from Gujarat along with his cousin Nirmal Jaisinghani and remanded to police custody till March 27, 2023.

According to the petition, they were arrested on March 19, 11:45 PM at Godhra.

They were produced before the magistrate on March 21.

His daughter Aniksha was also arrested earlier in the same case and remanded to custody till March 21, which was later extended to March 24.

The petitioners Anil and Nirmal Jaisinghani have claimed that Nirmal Jaisinghani was illegally arrested as his name was not mentioned in the FIR and there is no justification for his arrest.

According to the petition, there was deliberate delay in producing the petitioners before the magistrate and the police officials did not comply with mandatory provisions of the CrPC.

The petitioners were not produced before the Magistrate within twenty-four hours of arrest as mandated by section 167 of CrPC, the petition claims. Both petitioners were produced before the magistrate after 36 hours of their arrest, according to the petition.

Amruta Fadnavis' FIR is concocted to falsely implicate Anil Jaisinghani, the petition alleges. 

Further, the police did not comply with sections 41 and 41A of the CrPC in making the arrests, the petition states.

Section 41 provides the circumstances when police may arrest person without a warrant. Section 41-A provides that when arrest of the person is not required under section 41(1), a notice has to be issued to the person against whom a complaint has been made, or credible information has been received, or reasonable suspicion exists that he has committed to cognizable offence to appear before the police officer. Further, as long as the person continues to comply with the notice, he shall not be arrested unless the police officer opines it's necessary and records reasons for the arrest.

Therefore, the petitioners have prayed for quashing of the FIR and a declaration that their arrest is illegal. The petitioners have also sought to be released on bail and claimed they are entitled to this relief as they were produced before a magistrate after thirty-six hours of arrest.

The petitioners have also sought interim release during the pendency of the present petition.