Daniel Gitau Muniyi v. State Of Maharashtra

26-BA-2355-2025.ODT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2355 OF 2025 Daniel Gitau Muniyi ...Applicant

Versus

Union of India And Anr.

...Respondents

Ms.Ashwini Achari a/w Mr. Anish Pereira i/b Mr. Taraq Sayed, for the Applicant.

Mrs. Geeta S. Nayyar, for the Respondent No.1. Mr. Shailesh S. Ghag, APP, for the Respondent No.2- State.

CORAM:

R. M. JOSHI, J.

DATED:

23rd MARCH, 2026 PC:- 1.

Learned Counsel for the Applicant essentially seeks bail on the ground that the Applicant was not produced before the Magistrate within twenty four hours of his arrest. It is her contention that though formal arrest has been shown at 11:05 p.m. on 3rd December 2022, he was produced before the Magistrate on 4th December 2022 at 2:05 p.m. It is her further submission that the panchanama has concluded at 12:30 p.m. on 3rd December 2022 and therefore the Applicant is been to have in his custody of the Officer after the congnizable offence being made out against him. She places reliance on number of Judgments / Orders to support her submission. 2.

This Court has asked specific query to the Counsel for the Applicant that at what time it would be said that the cognizance 23rd March, 2026

26-BA-2355-2025.ODT of the offence committed by the Applicant is taken by officer and also to point out any Judgment/Orders which deals with the issue of the alleged claim of the accused of his non production in hours and not in days or more. It is also asked to the Learned Counsel for the Applicant to satisfy this Court as to whether it would be open for this Court to record any findings on facts on an issue which requires evidence for its proof. 3.

Learned Counsel for the Applicant seeks time to respond to the queries.

4.

At her requests, stand over to 2nd April 2026. (R. M. JOSHI, J.) VDMokal/- 23rd March, 2026