HC rejects plea challenging accused’s arrest in Sonya Tapkir murder case

MUMBAI: The Bombay High Court on Monday dismissed a petition filed by one of the prime accused in the 2023 Sonya Tapkir murder case, challenging the legality of his arrest under the Maharashtra Control of Organised Crime Act (MCOCA). The court ruled that the accused’s claim of illegal detention held no merit.

Krushna alias Sonya Haribhau Tapkir, a 20-year-old dairy businessman, was shot dead in broad daylight in Pimpri-Chinchwad. The assailants fired at him from close range and fled the scene on a motorcycle. (SEE BOX) The murder allegedly stemmed from rivalry and resentment over Tapkir’s growing influence in the Chikhali area. The main accused, Karan Ratan Rokade, 27, reportedly viewed Tapkir’s popularity as a threat to his local dominance.

Rokade was arrested on July 2, 2023, near the Nepal border by a special police squad that had tracked the IP address of his WhatsApp call. He was brought to Pimpri-Chinchwad and produced before a judicial magistrate. The stringent provisions of MCOCA were applied on July 5, and his arrest was officially recorded on July 7.

In his petition, Rokade contended that he had not been produced before the nearest magistrate within 24 hours of his arrest, which he claimed violated his constitutional rights under Articles 21 and 22(1).

However, a division bench comprising Justices Sarang Kotwal and SM Modak upheld the remand order and dismissed the plea. The court noted that although the delay technically breached constitutional safeguards, Rokade and his legal team failed to raise any objection between his arrest and the filing of the petition on November 26, 2024.

“There is no justification as to why this issue was never raised for a considerable period,” the bench observed.

Additional Public Prosecutor SV Gavand argued that the arresting team was not part of the investigating unit and lacked the case papers necessary to present Rokade before the magistrate immediately.

The court also took into account Rokade’s alleged role as the leader of an organised crime syndicate. Police records show 21 serious offences linked to the syndicate between 2015 and 2023, including nine registered against Rokade. His co-accused, Rutik Rokade (alias Mungya) and Rinku Kumar, are also facing multiple grave charges.

Given the seriousness of the allegations and the petitioner’s criminal history, the bench found no reason to intervene and dismissed the appeal.