HC sets aside proclamation against Param Bir Singh’s co-accused Riyaz Bhati

Riyaz Bhati’s counsel had relied on the HC order which set aside the written proclamation of another accused Vinay Singh

Mumbai The Bombay high court (HC) on Friday set aside the proclamation by the magistrate court declaring Riyaz Bhati an accused of former Mumbai Police Commissioner Param Bir Singh in the extortion case, as an absconding accused on grounds of parity.

The magistrate had permitted the application by the Mumbai police to issue a written proclamation for the appearance of Singh as per section 82 of the CrPC (Praful Gangurde)

Bhati’s counsel had relied on the HC order which set aside the written proclamation of another accused Vinay Singh based on which magistrate court had set aside the proclamation against Singh as well.

The single-judge bench of justice Revati Mohite-Dere while hearing Bhati’s petition challenging the November 17, 2021 magistrate order which had directed issuance of a written proclamation that Param Bir Singh, Vinay Singh and Riyaz Bhati were absconding accused in the complaint filed by Bimal Agarwal, a hotelier and civic contractor. The Goregaon police had booked Singh along with Riyaz Bhati, Vinay Singh, Sumit Singh, Alpesh Patel and dismissed Mumbai Police officer Sachin Vaze as accused in the case.

The magistrate had permitted the application by the Mumbai police to issue a written proclamation for the appearance of Singh as per section 82 of the CrPC.

Advocate Taraq Sayed, representing Bhati, informed the Court that a bench of justice S K Shinde on December 1 had passed an order setting aside the written proclamation by the magistrate court declaring Vinay Singh as an absconding accused as the same was not passed after following proper procedure as mandated under the CrPC. Sayed sought similar relief to Bhati who was similarly placed as Vinay Singh.

On December 2, based on the HC order a magistrate court had cancelled the proclamation issued against Param Bir Singh.

Special Public Prosecutor Shekhar Jagtap submitted an affidavit in reply by DCP, CID opposing the petition wherein it was conceded that the December 1 order of HC had not been challenged.

The bench noted that as the December 1 order had not been challenged, the same would cover Riyaz Bhati too. The court noted, “The order publishing proclamation, being contrary to section 82 of CrPC, is accordingly quashed and set aside. The application is accordingly allowed and disposed of in aforesaid terms. Needless to say, that prosecution is at liberty to take steps in accordance with the law.”