Failure to Produce Accused Within 24 Hours Vitiates Arrest, Grants Bail: Orissa High Court

The Orissa High Court granted bail to two accused, holding that failure to produce them before a Magistrate within 24 hours of arrest violated Article 22(2) of the Constitution and Section 58 of the BNSS.

Justice Gourishankar Satapathy found discrepancies in arrest memos indicating illegal detention.

The Court stressed that personal liberty is fundamental and cannot be curtailed without due process, citing Directorate of Enforcement v. Subhash Sharma.

The Court held that such an omission will benefit the accused, warranting immediate release on bail. 

The duo faced BNS charges, including organised crime and causing hurt by poison during robbery.

[Jati @ Susanta Rout & Anr. v State of Odisha]