Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 438 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 438 – Grant ofanticipatory bail – Disentitlement to – Husband accused of s. 498Aand various other provisions under the Penal Code, and under theDowry Prohibition Act – Anticipatory bail application pending andno protection afforded to the husband – Grant of an interim orderby the High Court directing the police not to arrest the husbandduring the pendency of his application u/s. 438 – Thereafter, theinvestigation was completed, charge sheet was filed and cognizancewas taken by the Sessions Judge – Subsequently, order by the HighCourt denying anticipatory bail to the husband as also directed thehusband to surrender and later, seek regular bail – Correctness of– Held: High Court erred in mechanically rejecting the anticipatorybail and in adopting such a casual approach – Husband co-operatedwith the investigation both before and after the grant of protection,till the filing of the chargesheet and the cognizance thereof – Thus,once the chargesheet was filed, there was no impediment on thepart of the husband – High Court having regard to the nature ofthe offences, the allegations and the maximum sentence of theoffences they were likely to carry, ought to have granted the bail –Thus, the impugned order rejecting bail set aside.Judicial directions: Issuance of – Guidelines on arrest –Offences u/s. 498A IPC and other offences punishable withimprisonment for term of seven years or less – Unnecessary arrestof the accused by the police officers, and Magistrate authorizingdetention casually and mechanically – In view thereof, issuance ofdirections to all the courts ceased of proceedings to strictly followthe law laid down in Arnesh Kumar’s case– High Court to frame thedirections in the aforesaid case, in the form of notifications andguidelines to be followed by the lower courts – Director General ofPolice in all States to ensure that strict instructions in terms of thesedirections are issued. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 660 |
Petitioner | Md. Asfak Alam |
Respondent | The State Of Jharkhand & Anr. |
SCR | [2023] 10 S.C.R. 1184 |
Judgement Date | 2023-07-31 |
Case Number | 2207 |
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