Extension of judicial custody in absence of the accused is not illegal, the Bombay high court has said. The observation came in response to the plea of Mumbai resident Amol alias Avikumar Dhule, who is accused of duping and cheating a businessman after promising help in getting permission for buying a plot in Panvel.
Dhule moved the hight court in May saying a magistrate’s order extending his judicial custody in his absence was illegal and sought his release. He argued he was not produced before the magistrate either physically or through video conferencing.
The division bench of justices Prasanna Varale and NR Borkar dismissed the petition. “If according to the petitioner/accused, his custody was extended in violation of a provision of law, then he ought to have challenged that order,” said the bench. “The petitioner/accused has, however, not challenged the said orders. The custody/detention of the petitioner, therefore, cannot be said to be illegal.”
The bench noted the petitioner moved the petition only after exhausting all other possible remedies.
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