Mon Sep 23 17:12:12 UTC 2024: ## Bombay High Court Expresses Concern Over Technical Release of Accused in Serious Offences

**Mumbai, India** – The Bombay High Court has raised concerns over the practice of releasing accused in serious offences on purely technical grounds, specifically the lack of written communication of grounds for arrest by the investigating officer (IO).

This concern arose during the hearing of a plea filed by Mihir Shah, son of a close aide to Maharashtra Chief Minister Eknath Shinde, who was arrested in connection with a hit-and-run case in July. Shah challenged his arrest, arguing that the IO did not provide him with the grounds of arrest in writing, violating his rights.

The judges noted that this technicality has been used in numerous cases, resulting in the release of accused individuals despite the severity of the offence. This, they argued, hampers investigations and undermines justice.

“God forbid us if we go by such technical issues in such serious offences,” remarked Justice Bharati Dangre.

The court acknowledged the need for a balance, stating that the gravity of the offence must be considered when deciding on releasing an accused. They emphasized that victims’ rights also need to be taken into account.

The prosecution, represented by Chief Public Prosecutor Hiten Venegavkar, presented evidence including CCTV footage and witness testimonies that identified Shah as the driver of the BMW car involved in the hit-and-run incident. Venegavkar argued that Shah was aware of the gravity of his actions and even changed his appearance after the incident.

Despite acknowledging that Shah was informed verbally about the grounds of arrest, the court ordered the IO to submit an affidavit detailing the communication process and the presence of witnesses during the arrest. The court will examine whether the seriousness of the offence should be considered when applying the technicality of written grounds for arrest.

The Bombay High Court has stated that this case will be a test to determine the balance between legal technicalities and ensuring justice in serious offences. The next hearing is scheduled for October 9th.

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