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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA
Abdul Salik S/O Late Foizul Islam – Appellant
Versus
State Of Assam Represented By The Public Prosecutor – Respondent
ORDER :
KALYAN RAI SURANA, J.
Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. P.P. for the State.
2) The learned counsel for the petitioner has submitted that all the other co-accused have been released on bail. However, this is the third bail application of the petitioners, namely, Abdul Salik and Abdul Fatta (as stated in the cause title, however, in the charge-sheet, the said name is spelt as Abdul Fattha).
3) It has been submitted that upon rejection of the second bail application of the petitioners vide order dated 23.02.2024, passed by this Court in B.A. No. 155/2024, the petitioner had approached the Supreme Court of India and the said Hon’ble Court, by order dated 25.04.2024, passed in Petition for Special Leave to Appeal (Crl.) No.5584/2024, permitted the petitioners to withdraw the said bail application with liberty to renew their application for bail in case the trial is not concluded within a reasonable time.
4) The learned counsel for the petitioners has submitted that there are two new grounds for making this application. Firstly, that though charge- sheet no. 179 against the petitioners was submitted on 25.07.2022, till date
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
Failure to serve grounds of arrest immediately renders the arrest illegal, entitling the accused to bail, emphasizing the importance of personal liberty and compliance with constitutional rights.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
The necessity of written grounds for arrest ensures the rights of the accused and preserves judicial integrity, with procedural lapses not alone determining Bail's validity.
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