Supreme Court Pulls Up Police For Arresting Accused Without Following Section 41A CrPC

The Supreme Court recently deprecated the act of police officer for arresting an accused without complying with provisions under Section 41 (A), CrPC and also when the bail application was pending before the top court.

The bench of Justices Ajay Rastogi and AS Oka frowned upon this act while considering a SLP assailing Bombay High Court's order of rejecting the petitioner's anticipatory bail.

Appearing for the petitioner, Advocate Sunil Fernandes had submitted that the Investigating Officer did not serve any notice u/s 41(A) of CrPC, 1973. 

He further submitted that after noticing the fact that the petitioner had approached Top Court pre arrest bail, the IO approached the petitioner and took him into custody on March 8, 2022.

Taking into account the counsel's contention and considering that the petitioner was already in custody, the bench granted the petitioner liberty to file regular bail application.

"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," bench noted in its order.

While disposing the SLP, the bench in its order said,

"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."

Case Title: Jagdish Shrivastava v The State of Maharashtra & Anr| Special Leave to Appeal (Crl.) No(s). 1758/2022

Related : Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment

Police Officials To Face Action If Arrest Procedure Under Sec 41A CrPC & 'Arnesh Kumar' Guidelines Are Violated : Telangana High Court

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