The Bombay High Court has intervened in a high-profile fraud case, directing the Mumbai DCP, Zone 2, to gather crucial evidence from the accused’s phone. This decision was made after serious allegations surfaced, claiming that the investigating officer attempted to solicit a bribe from the accused’s family using his mobile device.
In a significant development, a division bench comprising Justice Revati Mohite Dere and Justice Manjusha Deshpande granted interim bail to the accused, hailing from Ahmedabad. The court acknowledged the severity of the accusations against the police officers involved and expressed unease over potential legal breaches, including allegations of custodial torture.
The legality of the arrest has been called into question by the accused, who argued that proper legal procedures were not followed by the police. It was asserted that no pre-arrest notice was issued, as required for crimes carrying a sentence of less than seven years. Furthermore, it was alleged that the arrest and subsequent demand for a bribe were conducted unlawfully, with the absence of an arrest memo and formal communication of arrest grounds.
The court has demanded a response from the prosecution regarding the accused’s claims, setting a deadline of May 3, 2024. In the meantime, a thorough investigation into the phone records has been ordered to uncover the truth behind the bribe demands. The court has granted the accused six weeks of interim bail, contingent on a cash deposit, while further inquiries take place.