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Accused should be granted 3 working days worth of interim protection from arrest after anticipatory bail stands rejected: Bombay High Court

Team SoOLEGAL 24 Aug 2021 1:15pm

Accused should be granted 3 working days worth of interim protection from arrest after anticipatory bail stands rejected: Bombay High Court

In a notable decision, the Bombay High Court's Nagpur Bench held that a Sessions Court rejecting an anticipatory bail application should grant interim protection for a period of at least three working days in order to avoid the accused's immediate arrest if the court had ordered the accused to remain present, as required by Section 438(4) of the Code of Criminal Procedure, 1973.

The bench was hearing the case pertaining to a plea filed by a neurosurgeon seeking directions to prevent the possibility of being arrested which is faced by an accused during the final hearing of the anticipatory bail application.

In the present case, the surgeon was booked under Sections 406, 409, 420, 465, 467, 468, 471 of the Indian Penal Code and Section 66-C of the IT Act, 2000. APP for the state submitted that the accused is asked to be present at the time of final hearing by the sessions court. To that regard, the accused cited the judgment of Abdul Razzak Abdul Sattar and Anr. Vs. State of Maharashtra and Ors, in which a plea was rejected challenging the constitutional validity of Section 438 (4) (Being applicable to Maharashtra) as being violative to Article 14 and 19 of the Constitution.

The bench observed, “This would not only be antithetical to the right of the accused to move the High Court under Section 438 of the Cr.P.C. but it would strike at the root of the right guaranteed under Article 21 of the Constitution of India

Not extending interim protection which operated during the pendency of the Anticipatory Bail Application in favour of the accused, would frustrate his right to approach High Court, and the Sessions Court's order directing him to remain present at the time of the final hearing would have facilitated his arrest, observed the High Court.



Tagged: Bombay High Court   Nagpur Bench   Sessions Court   anticipatory bail   Criminal Procedure   neurosurgeon   Indian Penal Code   Constitution of India   High Court  
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