SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1383

AJAY RASTOGI, ABHAY S. OKA
Jagdish Shrivastav – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Sunil Fernandes, Aor, For the Appellant /

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 compli

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top