06 May,2026 07:57 AM IST | Mumbai | Aishwarya Iyer
The Bombay High Court clarified that its observations were prima facie and would not affect the trial. FILE PIC/RANE ASHISH
A Bombay High Court order on April 28 flagged illegal detention in a Kalyan MCOCA case, granting bail to accused Talib Raju Ali Irani, 20, and Saba Sawar Sayyed Irani, 35, after they spent nearly 2.5 years in judicial custody in connection with an attack on police personnel at Irani Basti in Ambivli near Kalyan.
"All I wanted was to get out of the prison. Just want to be out," said Saba after the court granted her bail. Saba was taken into custody on December 30, 2023, and produced before a magistrate after over 48 hours. Holding the detention to be illegal, the court observed, "Though her name appears in the FIR, there is no specific role or overt act attributed to her."
Advocate Sumeet Garje, who appeared for Saba, along with advocates Jamal Khan and Arjun Gholve, submitted that she was picked up from Bidar, Karnataka, and "was shown âformally arrested' only the next day and produced thereafter," resulting in a detention of nearly 45 to 48 hours in police custody.
"Arresting a woman after sunset is generally not permitted without due procedure. Secondly, she cannot be kept in custody for so long without being produced before a magistrate. It is unlawful," Garje said.
In Talib's case, the court found that he had already been taken into custody during the raid, and there was no allegation of his assaulting police personnel. mid-day couldn't speak to Talib as he is still in judicial custody, and will be released soon. Before the High Court hearing, a special MCOCA court had rejected his bail in February 2024, observing that the accused had "misguided" the court regarding the date of arrest.
The case stems from a November 9, 2023, midnight raid at Irani Basti in Ambivli near Kalyan, where a joint team of Khadakpada and Andheri police acted on a tip-off that a group had gathered to plan a dacoity following the Diwali season. According to the FIR, a scuffle broke out when police attempted to detain the accused, following which a group allegedly attacked officers with sticks and stones and attempted to free one of the accused, leaving several personnel injured.
The High Court, while granting bail, noted procedural lapses, including delayed production before a magistrate and a lack of specific roles attributed to the applicants. "Though her name appears in the FIR, there is no specific role or overt act attributed to her," the court observed. It further noted that she was taken into custody on December 30, 2023, and produced before the magistrate only after 48 hours on January 1, 2024, adding that "the applicant was detained in custody illegally." The court clarified that its observations were prima facie and would not affect the trial.
