Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.

Headnote:
Anticipatory Bail - Non-compliance of Section 41(A) Cr.P.C - Arnesh Kumar vs. State of Bihar & Anr. (2014) 8 SCC 273
Fact of the Case:

The petitioners sought pre-arrest bail after their Anticipatory Bail Application was rejected by the High Court. The Investigating officer took the petitioners into custody without serving notice under Section 41(A) Cr.P.C.
Finding of the Court:

The Court granted liberty to file regular bail application and directed the Trial Court to take note of non-compliance of Section 41(A) Cr.P.C and dispose of the application for post-arrest bail within a reasonable time.
Issues: Non-compliance of Section 41(A) Cr.P.C, Overstepping by Police Officer
Ratio Decidendi: The Court deprecated the practice of the Police Officer in overstepping after the matter being instituted in the Court and taking the petitioners into custody without compliance of Section 41(A) Cr.P.C.
Final Decision: The Special Leave Petitions are disposed of and pending application(s), if any, shall also stand disposed of.

JUDGMENT

1. Learned counsel for the petitioners informed this Court that after rejection of their Anticipatory Bail Application by the High Court by an Order dated 13 th January, 2021, they immediately approached this Court for seeking pre-arrest bail.

2. Counsel for the petitioners submits that no notice under Section 41(A) Cr.P.C was ever served and after this fact came to the notice of the Investigating officer that SLPs have been preferred by the petitioners for seeking pre-arrest bail, he approached them and took the petitioners into custody on 8th March, 2022.

3. Since the petitioners have now been in custody, it may not be appropriate for this Court to pass further orders but at the same time, we grant them liberty to file regular bail application.

4. If such an application is filed, it is expected from the Trial Court to take note of non-compliance of Section 41(A) Cr.P.C and dispose of the application for post-arrest bail, if any, filed by the petitioners within a reasonable time as expeditiously as possible.

5. We deprecate such practice of the Police Officer in overstepping after the matter being instituted in this Court and taking the petitioners into custody without compliance of Section 41(A) Cr.P.C. and keeping in view the judgment of this Court in Arnesh Kumar vs. State of Bihar & Anr. (2014) 8 SCC 273.

6. The Special Leave Petitions are disposed of in the above terms.

7. Pending application(s), if any, shall also stand disposed of.

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