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Writ Petition - A020

Mr. Akshay Bohra filed a writ petition in the Bombay High Court seeking a writ of habeas corpus after being detained despite being granted ad-interim bail for an act of contempt. The petitioner argues that his continued detention is illegal and violates his constitutional rights, as he complied with the bail conditions. The petition requests the court to order his immediate release and address the unlawful detention.

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0% found this document useful (0 votes)
27 views3 pages

Writ Petition - A020

Mr. Akshay Bohra filed a writ petition in the Bombay High Court seeking a writ of habeas corpus after being detained despite being granted ad-interim bail for an act of contempt. The petitioner argues that his continued detention is illegal and violates his constitutional rights, as he complied with the bail conditions. The petition requests the court to order his immediate release and address the unlawful detention.

Uploaded by

Khushi Periwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REGULAR SUBMISSION-17TH MARCH

IN THE BOMBAY HIGH COURT

CRIMINAL WRIT PETITION NO. 2345 OF 2025

IN THE MATTER OF:

Mr. Akshay Bohra,

A-1406, Skyland, Andheri West. ... Petitioner

VERSUS

1. State of Maharashtra (Through Public Prosecutor, High Court)


2. Mr Rajiv Gandhi Police Officer, (Andheri Station Police Station) ... Respondents

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR


ISSUANCE OF A WRIT OF HABEAS CORPUS

TO,

The Hon’ble Chief Justice and His Companion Judges of the Hon’ble High Court of Bombay.

THE HUMBLE PETITION OF THE PETITIONER MOST RESPECTFULLY


SHEWETH:

1. That the Petitioner, Mr. Akshay Bohra, is an Indian citizen residing at A-1406,
Skyland, Andheri West.
2. That on 15th February 2025, the Petitioner, due to extreme emotional distress and
frustration, committed an act of criminal contempt by throwing papers in the court.
He immediately apologized for his actions.
3. That the Hon’ble High Court took cognizance of the said act and directed Respondent
No. 2, Mr. Rajiv Gandhi, to arrest and detain the Petitioner.
4. That, pursuant to the Hon’ble Court’s order, Respondent No. 2 arrested the Petitioner
and took him into custody.
5. That the Petitioner, through his Advocate, moved an urgent bail application before the
Hon’ble High Court on the same day.
6. That the Hon’ble High Court, after hearing the submissions of the Petitioner’s
Advocate and the representative of Respondent No. 2, granted ad-interim bail to the
Petitioner subject to a cash bond of Rs. 4,00,000/-.
7. That the Petitioner immediately complied with the condition of the bail by depositing
the cash bond and obtaining the necessary receipts.
8. That the Petitioner’s Advocate approached Respondent No. 2 at approximately 10:00
PM on the same day, requesting the release of the Petitioner, presenting the bail order
compliance proof.
9. That Respondent No. 2 refused to release the Petitioner, citing the excuse that the
written order of the Hon’ble High Court had not been communicated to him.
10. That the continued detention of the Petitioner despite the grant of bail and compliance
with its conditions is illegal and arbitrary.

GROUNDS:

1. That the detention of the Petitioner after the grant of ad-interim bail and compliance
with its conditions is a clear violation of Article 21 of the Constitution of India, which
guarantees the right to life and personal liberty.
2. That the refusal of Respondent No. 2 to release the Petitioner on the pretext of non-
receipt of the written order is arbitrary and unreasonable, as the fact of the bail order
was communicated during the hearing, and proof of cash bond deposit was shown.
3. That the continued detention of the Petitioner constitutes illegal detention and
amounts to an abuse of the process of law.
4. That the police officer is bound to follow the verbal orders of the court, especially
when compliance with the condition of the bail is proved.
5. That the delay caused by the police officer is a gross miscarriage of justice.

PRAYER:

In light of the above, the Petitioner respectfully prays that this Hon’ble Court be pleased to:

1. Issue a Writ of Habeas Corpus directing the Respondents to produce the Petitioner,
Mr. Akshay Bohra, before this Hon’ble Court and to release him forthwith.
2. Pass such other and further orders as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the case.
VERIFICATION:

I, Mr. Keshav Lahoti, Advocate for the Petitioner, do hereby verify that the contents of
paragraphs 1 to 10 of the above petition are true and correct to the best of my knowledge and
belief, based on the information received and records available.

Verified at Andheri on this 12th March, 2025.

[Advocate's Signature]

Keshav Lahoti,

Advocate for the Petitioner,

(Advocate's Enrollment Number- 678935483987),

(Advocate's Contact Information- 9534570000)

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