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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Rajendra Naik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. granting bail application context. (Para 1) |
| 2. arguments on illegality of arrest. (Para 3) |
| 3. court's analysis on fundamental rights violations. (Para 4 , 5) |
| 4. violation of rights leading to vitiated arrest. (Para 6 , 7) |
| 5. conclusion on bail application. (Para 8 , 9) |
JUDGMENT :
G. SATAPATHY, J.
1. This is a bail application U/S.483 of BNS S by the petitioners for grant of bail in connection with Th. Rampur P.S. Case No.04 of 2025 corresponding to C.T. Case No.05 of 2025 pending in the file of learned J.M.F.C., Th. Rampur, Kalahandi, for commission of offences punishable U/S.103(1) of , on the allegation of committing murder of deceased Laxman Majhi.
2. Heard Mr.S.N.Mishra, learned counsel for the petitioners and Mr.R.B.Mishra, learned Addl. PP in the matter and perused the record.
3. It is undisputed that the petitioners by way of a bail application have raised a point before the learned Sessions Judge, Kalahandi that since the grounds of arrest was not communicated to the petitioners, their arrest being vitiated and illegal, the subsequent remand of the petitioners to custody is also illegal and thereby, the petitioners are entitled to be released on bail, but the l
The right to be informed of the grounds of arrest is fundamental under Article 22(1), and failure to communicate such grounds renders the arrest and subsequent remand illegal.
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
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....
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
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