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.
The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.
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.
“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.”
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
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.
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.
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 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 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.
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
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.
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 had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.
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.
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.
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.
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.
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.