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Bombay High Court orders release of rape accused for procedural lapse

Court terms arrest illegal as the man wasn’t informed of reason for his apprehension

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The woman alleged that Tole had sexual intercourse with her against her will. Representation pic

The woman alleged that Tole had sexual intercourse with her against her will. Representation pic

The Bombay High Court, declaring a man’s arrest invalid, ordered the release of an accused in jail for nine months on charges of rape and for cheating a woman he promised marriage. Mazagaon resident Faisal Tole, 34, had filed a writ of habeas corpus petition in the HC seeking for his arrest by the Bhiwandi Taluka police station in March to be declared illegal. Tole alleged gross violations of his fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.

Additionally, Tole sought a declaration to set aside the remand orders passed by the magistrate on March 21 and March 24, 2024, on the grounds that they are null and void due to non-compliance with Section 50 of the Code of Criminal Procedure, 1973. He argued that these violations rendered the remand orders invalid and sought a direction for his immediate release.

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