Ghatkopar Billboard Collapse: Bombay High Court Denies Relief To Accused Bhavesh Bhinde

A division bench of Justices Bharati Dangre and Manjusha Deshpande passed the order saying it found no merits in the case.

"Finding no legal infirmity in effecting the arrest of the Petitioner in connection with a serious offence registered against him, the grounds raised for claiming his arrest to be illegal, according to us, is nothing, but a faux and ersatz call, as we have noticed that the procedural safeguards which are indispensable and received recognition through the Constitution, which has considered liberty of a citizen to be of a paramount importance, is not impaired in any manner," the judges said.

Advocate Rizwan Merchant, appearing for Bhinde argued that the Mumbai Police kept his client in a day's "illegal custody" as he was shown to be arrested on May 17 while he was actually arrested on May 16. He also claimed that his client was not furnished with the "grounds of arrest" in written as mandated by the Supreme Court in Prabir Purkayastha's case.

Public Prosecutor Hiten Venegavkar however, countered the contentions saying that all the procedures were followed while arresting him and that he was handed over with the grounds of arrest before being taken into custody. He also contended that Bhinde was only apprehended on May 16, from a Jaipur hotel, where he was staying with a changed identity, to evade arrest. He was brought down to Mumbai on May 17 and then was arrested.

Appearance:

Advocates Rizwan Merchant, Mohammed Zain Khan, Gaurav Sinha, Ashraf Kapoor, Khyati Daga and S Patel appeared for the Petitioner.

Public Prosecutor Hiten Venegavkar and Additional Public Prosecutor Mankunwar Deshmukh represented the State.

Case Title: Bhavesh Bhinde vs State of Maharashtra (CrWP(ST)/13292/2024)

Click Here To Read/Download Judgment.