Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 64

SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, B.R. GAVAI, JJ.
MUNAWAR – APPELLANT
VERSUS
THE STATE OF MADHYA PRADESH & ORS. – RESPONDENTS
Writ Petition(s)(Criminal) No(s). 62 of 2021, (FOR ADMISSION and IA No.13681 of 2021-STAY APPLICATION and IA No.13679 of 2021-GRANT OF BAIL and IA No.13684 of 2021-EXEMPTION FROM FILING AFFIDAVIT) with SLP (Crl.) No. 1045 of 2021 (for admission and IR and exemption from filing c/c of the impugned Judgment and exemption from filing OT and exemption from filing affidavit)
Decided on : 05-02-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr. Vikram Chaudhri, Sr. Adv., Mr. Saurabh Kirpal, Adv., Mr. Harshit Sethi, Adv., Mr. Rishi Sehgal, Adv., Mr. Rahil Mahajan, Adv., Mr. Keshavam Chaudhri, Adv., Ms. Ria Khanna, Adv., Ms. Anzu. K. Varkey, AOR

IMPORTANT POINT
Petitioner released on ad-interim bail on conditions to satisfaction of trial court.

Headnote:
Criminal Procedure Code, 1973 – Section 439 – Bail application – Counsel has pointed out that quite apart from fact that allegations made in FIR are vague that procedure contained in Section 41 Cr.P.C. as adumbrated by Judgment in Arnesh Kumar Vs. State of Bihar & Anr., (2014) 8 SCC 273, has not been followed before arresting petitioner – This being the case, notice issued in both petitions and Judgment of High Court stayed – Petitioner released on ad-interim bail on conditions to satisfaction of trial court – In the meantime, there shall be stay of production warrants as well. (Paras 1 and 2)
Result : Notice issued.

ORDER :

1. The learned counsel has pointed out to us that quite apart from the fact that the allegations made in the FIR are vague that the procedure contained in Section 41 Cr.P.C. as adumbrated by our Judgment in “Arnesh Kumar Vs. State of Bihar & Anr.”, reported in

(2014) 8 SCC 273, has not been followed before arresting the petitioner. This being the case, we issue notice in both the petitions, and stay the Judgment of the High Court. The petitioner is released on ad-interim bail on conditions to the satisfaction of the trial court.

2. In the meantime, there shall be stay of the production warrants as well.

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2021 Supreme(SC) 64

IMPORTANT POINTPetitioner released on ad-interim bail on conditions to satisfaction of trial court.

Cases Referred (1)

IMPORTANT POINT
Petitioner released on ad-interim bail on conditions to satisfaction of trial court.