Bombay HC grants interim bail to accused; doubts compliance of law by police
The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.
Arrest
Voluntary surrendered petitions before magistrate having no jurisdiction are not maintainable: Madras HC issues directions
A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.
SC sets aside Allahabad HC’s stay on investigation and blanket orders restraining arrest of IndiaBulls officers
“Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.”
SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Being accompanied by ED officials amounts to illegal restraint if accused is formally arrested the next day: Punjab and Haryana High Court
On submission that the accused were ‘coaxed’ to accompany ED officials, Punjab and Haryana High Court concluded that the act was not in pursuance of purported summons issued but an unlawful restraint.
Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC
The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.
Allahabad HC directs Commissioner to take suitable action against Police personnel involved in custodial violence of boy arrested for obstructing traffic
Allahabad High Court was not convinced with the version of the Police personnel, that such injuries on the petitioner’s skin occurred due to friction on the road when the Police personnel tried to pick him up and put him in the police vehicle.
Supreme Court directs HCs and DGPs of all States to ensure Arnesh Kumar guidelines are issued to lower courts and police authorities to prevent unnecessary arrests
Supreme Court opined that the Jharkhand High Court fell into error in adopting such a casual approach and set aside the impugned order. Thus, granted bail to the husband.
Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
Allahabad High Court provides interim protection to a man accused of calling PM Modi ‘a virus who requires an urgent antidote’
Allahabad High Court gave three weeks to the respondents to file the counter affidavit and two weeks thereafter to the petitioner to file rejoinder affidavit.
Police should verify pendency of bail application for interim orders before arresting a person: Kerala High Court
Kerala High Court found the instant bail application to be infructuous, since it was filed under Section 438 of CrPC, and the petitioner was already arrested.
Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh
Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.
Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan
The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.
Mass Religious Conversion case: Supreme Court stays arrest of SHUATS Vice chancellor and Director
Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.
Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court
The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.
‘Reason to arrest after four years, not spelt out in the arrest memos’; Bombay High Court grants interim bail to Chanda Kochhar and husband Deepak Kochhar
The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.
Madras High Court directs Additional Chief Secretary to Government of Tamil Nadu, to get sensitization programmes conducted for police force regarding the rights of persons with disabilities
Upon learning that the police had violated the human rights of a physically challenged person, Madras High Court gave directions to police officials to sensitize police force regarding rights of persons with disabilities and ensure proper functioning of CCTV cameras in all police stations.