J.M. Panchal, J. - (1.) Leave granted.
(2.) This appeal, by grant of special leave, challenges the judgment dated March 12, 2010 rendered by the learned single Judge of the High Court of Judicature at Bombay in Criminal Application No. 3878 of 2009 by which prayer made by the Appellant to enlarge her on bail on the ground of violation of the mandate of Article 22 and 22 of the Constitution of India and also on the ground of non-filing of charge sheet within 90 days as contemplated by Section 167(2) of the Code of Criminal Procedure, is rejected.
(3.) The Appellant claims to be the original resident of Surat. According to her she renounced material world and became Sadhwi in a religious ceremony, which was performed at Prayag, Uttar Pradesh and has settled herself at Jabalpur, Madhya Pradesh, in the premises offered by one Agrawal family. On September 29, 2008 a bomb blast took place at about 9.30 PM in Azad Nagar locality of Malegaon city, killing six persons and injuring more than hundred persons. With reference to the said bomb blast A.C.R. I-130/08 is registered with Azad Nagar Police Station on September 30, 2008 against unknown persons under Sections 302, 307, 324, 427 and 153 of Indian Penal Code as well as under Sections 3, 4 and 5 of Explosive Substances Act and Sections 16, 18 and 23 of Unlawful Activities (Prevention) Act, 1957. The initial investigations revealed that the explosion was carried out by making use of a two wheeler (scooter) on which the bombs were fitted and blasted with the help of a timer. In October, 2008 the investigation of the case was transferred to Anti Terrorists Squad (ATS), Mumbai headed by ACP Mohan Kulkarni. The investigation by the ATS revealed that the scooter had its origin in Gujarat. The name of dealer to whom manufacturer had sold the same was traced. On October 7, 2008 team headed by P.I. Sawant went to Surat to contact the two wheeler dealer to ascertain the name of the person to whom the scooter was sold. After contacting the dealer, it was learnt that the two wheeler was sold by the dealer to the Appellant and it was registered at R.T.O., Surat, and its registration number being GJ 5 JR 1920. It was also learnt that the Appellant was staying in an Ashram at Jabalpur. P.I. Sawant made a call to the Appellant to know about her vehicle. The Appellant told P.I. Sawant that she had sold the same long back. P.I. Sawant was not satisfied with the explanation given by the Appellant. Therefore, he asked the Appellant to come down to Surat. The Appellant expressed her inability to go to Surat and asked P.I. Sawant to come to Jabalpur, but P.I. Sawant refused to do so and insisted that the Appellant should come to Surat. Therefore, the Appellant arrived at Surat Railway Station on October 10, 2008. After reaching Surat Railway Station, the Appellant straightaway went to the residence of her disciple Mr. Bhim Bhai. At about 10 AM P.I. Sawant met the Appellant and revealed to the Appellant that her two wheeler had been used in Malegaon blast and it was planted with explosives. The Appellant told P.I. Sawant that she had sold the two wheeler in October, 2004 to one Mr. Sunil Joshi for Rs. 24,000/- and she had also signed R.T.O. TT transfer form and had no control over the vehicle. P.I. Sawant repeatedly asked the Appellant as to how that vehicle reached Malegaon and how it was used to blast bombs, to which the Appellant could not give satisfactory answers. P.I. Sawant, therefore, disbelieved the Appellant and asked her to accompany him to Mumbai. Initially, P.I. Sawant had suggested to the Appellant to take her father along with her, but the Appellant had declined the said offer on the ground that physical condition of her father was not well. The Appellant expressed her desire to be accompanied by her disciple and P.I. Sawant had granted the same. The Appellant with her disciple Bhim Bhai reached Mumbai in the vehicle belonging to P.I. Sawant at 11.30 PM The case of the Appellant is that she was taken to Kala Chowki office of ATS whereas the case of P.I. Sawant is quite different. On October 11, 2008 repetitive questions were put to the Appellant pointing out her alleged involvement in Malegaon blast to which the Appellant had said that she had no connection with the blast. According to the Appellant on October 12, 2008, A.T.S. team became aggressive and asked Bhim Bhai to beat the Appellant and when Bhim Bhai refused to do so, he was beaten up and, therefore, Bhim Bhai had reluctantly complied the order by beating the Appellant. According to the Appellant on October 13, 2008 the Appellant was beaten up day and night and subjected to vulgar abuse by senior officers. The case of the Appellant is that on October 15, 2008 the Appellant and her disciple were taken in ATS vehicle to Hotel Rajdoot in Nagpada and kept in room No. 315 and were made to sign hotel entry register. According to the Appellant, money was paid by the ATS and while in hotel the Appellant was asked to call from mobile No. 9406600004 to her friends and acquaintances to say that she was fine. The case of the Appellant is that she developed bad health due to custodial violence and had acute abdominal and kidney pain as a result of which she was admitted in a hospital known as Shushrusha Hospital at Dadar. According to her after half an hour her disciple Bhim Bhai was also brought to the hospital and admission form of the Appellant and other documents were got signed by him. The case of the Appellant is that officer Khanwilkar deposited money at the hospital and the disciple of the Appellant left hospital after which his whereabouts are not known to the Appellant. The case pleaded by the Appellant is that she was formally arrested on October 23, 2008, but reasons of her arrest were not communicated to her nor the names of her relations were ascertained from her to inform them about her arrest. The grievance made by the Appellant is that no legal assistance was made available to her and on October 24, 2008 she was produced before learned Chief Judicial Magistrate, Nasik, where the police custody was sought which was granted up to November 3, 2008. According to her, her relations knew about her arrest only through media when news about her arrest appeared in the newspapers on October 25, 2008. Thereupon Bhagwan Jha, brother-in-law of the Appellant and her sister met A.T.S. officers to permit them to meet the Appellant but were not allowed to do so. According to the Appellant, they could meet her on November 2, 2008 when the Appellant was allowed to sign Vakalatnama of a lawyer engaged by her sister. The claim of the Appellant is that on November 1, 2008 she was subjected to a polygraphic test without her permission. The case pleaded by the Appellant is that on November 3, 2008, she was produced before learned Chief Judicial Magistrate, Nasik and her police custody was sought but the same was declined by the learned Magistrate and she was remanded to judicial custody. According to the Appellant her advocate moved an application seeking her medical examination, and demanding an enquiry into her illegal detention as well as treatment meted out to her. The advocate also prayed to direct BSNL to furnish outgoing call details from mobile of the Appellant on October 15, 2008. The case pleaded by the Appellant is that on November 3, 2008 the Appellant got opportunity to have a dialogue with her advocate and she narrated atrocities committed by ATS on her. According to her, she filed a detailed affidavit-cum- complaint before the learned Chief Judicial Magistrate on November 17, 2008 and prayed to take action against police officers. On November 20, 2008, the provisions of Maharashtra Control of Organised Crime Act, 1999 were invoked on the basis of permission granted by DIG, ATS, but application filed by ATS seeking police custody of the Appellant was rejected on November 24, 2008. ;