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Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

Investigation into Alleged Assault on Swati Maliwal: Delhi Police May Visit CM's House to Record Statements The Delhi Police may visit the Chief Minister's residence on Friday to record statements from the policemen and staff present during the alleged assault on Aam Aadmi Party (AAP) MP Swati Maliwal, according to sources. FIR Filed and Section 164 Statements An FIR was filed at the Civil Lines police station on Thursday regarding the alleged assault on Swati Maliwal, AAP's Rajya Sabha MP. Maliwal has accused Bibhav Kumar, the personal secretary to Chief Minister Arvind Kejriwal, of physically assaulting her. The police plan to record Maliwal's statement before a magistrate under Section 164 of the Criminal Procedure Code. This section allows a magistrate to record statements or confessions during a police investigation before a trial. Details of the Alleged Incident Maliwal made a PCR call from the Chief Minister's house at 9:34 PM on May 13, reporting the assault...