Extracted from the PDF above. The PDF is authoritative.
2026:CGHC:22540-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 281 of 2026 1 - Amit Prabhakar Salunke, Son Of Prabhakar Salunke, Aged About 35 Years Resident Of A 1 Siddheshwar Park, Sudarshannagar, Near Sofosh Dhadphalle Center Pimpale Gurav, Pimpale Gurav, Haveli, District- Pune, Maharashtra-411061. 2 - Ajit Jaysinghrao Darandale, S/o- Shri Jaysinghrao Darandale, Aged About 55 Years Resindent Of A-706, Ganga Kalash Society Sr No. 120/1 To 9, Kalasgaon, Shivaji Chowk, Oune City, Dighi Camp, District- Pune, Maharashtra-411015
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Director General Of Police, Officer Of Director General Of Police, Raipur, District- Raipur (C.G.) 2 - Superintendent Of Police, A C B/ E O W Raipur, Police Station- A C B/ E O W Raipur, District- Raipur (C.G.) 3 - Deputy Superintendent Of Police, A C B/ E O W Raipur, Police Station- A C B/ E O W Raipur, District- Raipur (C.G.) ...Respondents (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Aditya Tiwari and Shri Seoul Shah, Advocates For Respondent/State : Dr Saurabh Kumar Pandey, Dy AG --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board Per R
amesh Sinha, Chief Justice
13.05.2026 Heard Shri Aditya Tiwari and Shri Seoul Shah learned counsel for the petitioners. Also heard Dr Saurabh Kumar Pandey, learned Dy AG for the State. Digitally signed by V PADMAVATHI Date: 2026.05.19 18:34:40 +0530
Wpcr 281 of 2026 2
1. Petitioners have filed the present petition for the following reliefs:
“10.1 That, this Hon’ble Court pleased to declare the arrest/detention of the petitioenr in Crime No.44 /2024, registered with ACB Police Station, Raipur to be illegal; 10.2 This Hon’ble court be pleased to declare the arrest illegal and thereby quash and set aside the remand orders dated 04.05.2026 passed by the learned Special Judge (ACB), Raipur in Crime No.44/2024; and 10.3 This Hon’ble Court may be pleased to issue appropriate direction to release the present Petitioners on interim bail in Crime No.44/2024, registered with ACB Police Station, Raipur forthwith. 10.4 Pass anyother or further order(s) as this Hon’ble Court may deem fit, proper, and necessary in theinterest of justice.”
2. By way of the present petition, the petitioners are challenging the unlawful action of the respondent authorities who have unlawfully and illegally detained the petitioners since 04.05.2026.
3.
Learned counsel for the petitioners would submit that in connection with FIR No.44 of 2024, present petitioners were arrested. They were not informed of the grounds of their arrest in writing, nor there is any arrest warrant read over. They duly appeared in compliance with the summons issued under Section 160 of the CrPC before the Investigating Officer, EOW on 04.05.2026. Despite that petitioners were arrested without being furnished with the grounds of their arrest. None of the alleged offences are even remotely attracted to the case of the petitioners. The invocation of Sections 7 and 8 of the Prevention of Corruption Act is wholly misconceived. Wpcr 281 of 2026 3
4. Per contra, learned State counsel would submit that petitioners were arrested in connection with FIR No.44 of 2024, and during course of investigation, their complicity surfaced on the basis of material collected by the investigating agency. However, upon examination of the documents so furnished by the petitioners and other material collected during investigation, sufficient incriminating evidence was found against the petitioners warranting their custodial interrogation and arrest. Learned State counsel would further submit that the petitioners were not illegally detained as alleged, rather they were arrested strictly in accordance with law after due compliance of the provisions contained in the BNSS, 2023. Grounds of arrest were duly communicated to them and all mandatory procedural safeguards were adhered to. It is further contended that the investigation is at a crucial stage and the petitioners’ custodial interrogation is necessary for effective investigation of the offence. 5. Heard learned counsel for the parties. 6. It is alleged that the petitioners, Amit Prabhakar Salunke and Ajit Jaysinghrao Darandale, in connection with operations of the company, engaged in supplying manpower to the liquor shops of Chhattisgarh State Marketing Corporation Limited (CSMCL), during the period from 2019 to 2023, received payments from CSMCL towards overtime work performed by the employees beyond 8 hours per day. It is further alleged that, instead of disbursing the said overtime amounts to the employees
Wpcr 281 of 2026 4 concerned, the funds were utilized for the benefit of the company and for extending illegal gratification to certain officials of CSMCL. It is also alleged that, as per the terms and conditions of the tender, the company was obligated to first make payment to its employees and thereafter seek reimbursement from CSMCL.
However, the company allegedly claimed reimbursement of overtime/incentive amounts by falsely representing that such payments had already been made to the employees. The aforesaid acts are alleged to constitute offences punishable under various provisions of the Prevention of Corruption Act, 2018 and the Indian Penal Code. 7. It transpires from the material available in the petition that there is allegation against the petitioners, in which investigation is going on and the petitioners have challenged the remand order. The argument of the
learned counsel for the petitioners that the petitioners were not informed the ground of their arrest is not sustainable.
8. It is necessary to notice here the relevant part of the order sheet of the learned trial Court dated 04.05.2026 (Annexure-P1), which reads as under:
"
उक्त आवेदन के संबंध ेሰ उभय प्ቌ के संन जाकेर,
के सं डायर के अवेलोकेन
किकेय गय। रज्य आቕኌ"#के अपरध अन्वेषण एवे एटी) केरप्शन ब्य-र रयपर ेሰ अपरध
्ቅेሰके 44/24
के अतग/त अभिभयक्तगण के दिदनके 04/05/2026
के किगरफ्तर
किकेय गय है4 और अभिभयक्तगण के किगरफ्तर के आधर6 सं अवेगत केरय जान
दቕኌश#त है4,
जिजासंसं ्ቢ्ቖ है4 किके अभिभयक्तगण के 24
घंटी के अदर न्ययलोय के संेሰ्ቌ
्ቚस्तत किकेय गय है4। ्ቚकेरण ेሰ उक्त अभिभयक्तगण सं किवेस्त=त प-छतछ केर केेሰशन
खोर सं जा़ቨ अन्य अधिधकेरिरय6 एवे ्ቤሹኌक्तय6 के संबंध ेሰ किवेस्तर सं प-छतछ केर
Wpcr 281 of 2026 5
्ቚकेरण सं संबंधिधत केई ेሰहैत्वेप-ण/ दस्तवेजा6,
इलोक्ኋकिनके दस्तवेजा एवे अन्य संቌኚय6
केJ जाप्त किकेय जान केJ आवेश्यकेत के आधर पर उक्त अभिभयक्तगण केJ पलिलोसं
रिरेሰडा केJ ेሰग केJ गय है4। ्ቚ"ेሰ सं-चन प्ቔ एवे के सं डायर ेሰ उपलो्ቓ संेሰቇኍ के
आधर पर अभिभयक्तगण केJ आरकिपत अपरध ेሰ ्ቚ"ेሰ दृ्ቖय संलिलोप्तत दश/य जाकेर,
अभिभयक्तगण के किगरफ्तर के आधर बंतलोय जाकेर,
उन्है किगरफ्तर किकेय
जान भ दቕኌश#त हैकेर ्ቚकेरण ेሰ 24
घंटी के अदर अन्वेषण प-ण/ किकेय जान संभवे
्ቚतत नहैR हैत है4"
9. It clearly transpires from the above order sheet that Police remand is claimed by the Investigating Agency for the reason that the various important documents and electronic documents are required to be seized from the accused persons with respect to subject offence, and from the material available in the case diary, it further transpires that the ground of arrest was duly informed to the accused petitioners and only thereafter, they were arrested and investigation is going on. Thus, it cannot be said that the petitioners have not been informed about the ground of their arrest.
10. Petitioners are in jail. They are at liberty to take recourse to such remedy as may be available to them under the law, if so advised.
11. Accordingly, the petition stands dismissed. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
padma