Pune: The Khed police failed to provide a written explanation for the arrest of an accused in a murder case linked to a land dispute, leading the court to conclude that the provisions of Section 47 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) were not followed. As a result, Additional Sessions Judge S. P. Pol ruled that the accused was entitled to bail.
The accused, Suresh Ganpat Nirmal (45), was granted bail on a personal bond and surety of ₹30,000. The court also noted that the charge sheet lacked documentation proving that Nirmal had been informed of the reasons for his arrest.
Nirmal was taken into custody on August 15, 2024, for allegedly murdering a man in the Khed police station jurisdiction over a land dispute. He had been held in Yerwada Jail under judicial custody since August 20, 2024.
His bail application was filed by Advocate Vikrant Kadam, who argued that the accused’s fundamental rights under Article 22(1) of the Constitution had been violated since the mandatory requirements of Section 47 of the BNSS were not adhered to during the arrest. The defense also referred to multiple judgments from the Supreme Court and the Bombay High Court to support their claim.
The prosecution, however, contested the bail plea, asserting that the arrest was lawful and that weapons had been recovered from the accused. After reviewing arguments from both sides, the court granted conditional bail to Nirmal, citing procedural lapses in his arrest.
