The Bombay high court’s (HC) Aurangabad bench has directed the state government to compensate two men with Rs 50,000 each as they were illegally detained in Beed district for six days in 2013. A division bench of justices Tanaji V. Nalawade and Mukund G. Sewlikar were hearing a criminal writ petition filed by Arun Tagad and Shailendra Tagad seeking compensation of Rs 5 lakh each for detaining them illegally, Indian Express reported.
On January 28, 2013, a first information report (FIR) was lodged by Beed Rural Police against the petitioners on a complaint of a 35-year-old woman that the accused persons had assaulted her during a quarrel. She complained that the accused persons picked up a fight with her family because her family did not allow them to use bullocks and carts for fetching water.
On January 30, 2013, the petitioners were arrested by police under sections 323, 324, 504 and 506 read with 34 of the Indian Penal Code. They were later released by the judicial magistrate first class after furnishing personal bond and surety. However, as per the report, they were arrested again by the same police immediately after they came out of court campus and they were taken before the executive magistrate. The executive magistrate passed an order against the petitioners and directed them to give interim bond with two sureties of Rs 25, 000 each.
Advocate N.R. Thorat representing the petitioner contended that there are “mala fides in the police action” and the EM failed to pass necessary orders and due to that they were illegally detained in jail from January 30, 2013 for six days. According to LiveLaw, advocate Thorat said that the petitioners are not habitual offenders, and Shailendra Tagad was serving the military at the relevant time and Arun Tagad was a respected person and resident of the same locality as the complainant. The lawyer submitted that the arrest and detention were illegal and a case of violation of the fundamental rights of the petitioners.