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The division bench of Justices Indrajit Mahanty and Nitin Suryawanshi of Bombay High Court while hearing a plea of habeas corpus directed the District and Sessions Court Nashik to inquire into why a person was detained and kept in jail despite bail having been granted to him in 2011. The Court has asked the police and jail authorities to file a detailed response in this regard.

The counsel for the petitioner Amit Mane submitted that the petitioner was booked at the age of 15 years for various crimes under the Maharashtra Control of Organized Crime Act and the Indian Penal Code. He also submitted that the petitioner was arrested in 2010 but Special MCOCA Court granted him bail in 2011.

Advocate Mane also submitted that despite several applications were filed to the jail authorities and MCOCA court his applications were rejected citing the ground that the documents of his alleged involvement in the crime were not traced. It was only after the writ of habeas corpus was filed that the District Court allowed the petitioner’s release last month. This was confirmed by the Addl. Public Prosecutor M. M. Deshmukh.

After going through the documents presented by the counsel for the petitioner, the division bench concluded that the detention was unjustified. The court went on to direct the District and Sessions Court Judge to conduct an inquiry and submit a report along with its annexures in a sealed cover.

— India Legal Bureau

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