Mapusa Court Grants Bail to Police Constable in Gold Theft Case
The Judicial Magistrate First Class Court in Mapusa has granted bail to Anjuna police constable Saish Anil Parsekar, aged 29, who was arrested for allegedly stealing gold ornaments valued at Rs 8 lakh from a road accident victim. The court's decision came after it rejected the police's plea to remand him into custody, highlighting significant legal violations in the arrest process.
Court Cites Illegal Arrest and Violation of Legal Provisions
In its ruling, the court observed that Parsekar's arrest was illegal and in direct violation of Section 35(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This section explicitly states that if a person complies with a notice of appearance, they shall not be arrested unless the police provide written reasons justifying the necessity of such an arrest. The court found that no such justification was presented, rendering the arrest unlawful.
The court directed Parsekar to appear at the police station for interrogation as and when directed by the Investigating Officer (IO). However, it emphasized that the investigation agency retains the liberty to re-arrest the accused if they follow due process of law, ensuring procedural fairness.
Investigation Agency's Claims and Court's Rebuttal
The IO had argued in court that Parsekar was not cooperating with the investigation and that the stolen articles needed to be recovered urgently. In response, the court noted that the offence is bailable and that there was no evidence on record to justify his arrest, especially since he had complied with the notice.
Furthermore, the court dismissed the claim of non-cooperation as subjective, stating, "Under the Constitution, every accused has a right to remain silent, and no accused person can be compelled to be a witness against himself. Cooperation with the investigation does not mean that the accused must confess and be a puppet of the IO." This underscores the protection of constitutional rights in criminal proceedings.
Background of the Incident
The case stems from a tragic road accident that occurred on January 25 in Anjuna. Quepem resident Jaster Vincent Rodrigues, aged 27, lost control of his vehicle and crashed into a tree, sustaining severe injuries that later proved fatal. Following the incident, the victim's brother reported that Constable Parsekar allegedly stole a gold bracelet, a gold kada, and a gold ring from Rodrigues at the accident scene, leading to the investigation and subsequent legal proceedings.
This ruling highlights the judiciary's role in upholding legal standards and protecting individual rights, even in cases involving law enforcement personnel. It serves as a reminder of the importance of due process and constitutional safeguards in the Indian legal system.
