Lawstreet Journal

MP HC Issues Directions to Police, Judicial Magistrates for Implementing Arnesh Kumar Guidelines; District Judiciary Extremely Tight-Lipped in Granting Bail [READ ORDER]

Lawstreet Journal 12 Jun 2021 2:55am

Image courtesy: Lawstreet Journal Judiciary MP HC Issues Directions to Police, Judicial Magistrates for Implementing Arnesh Kumar Guidelines; District Judiciary Extremely Tight-Lipped in Granting Bail [READ ORDER]

The Madhya Pradesh High Court has ordered directives to the police authorities and judicial magistrates in the state for implementation of the guidelines granted in the Arnesh Kumar judgement while having to deal with bail applications, observing that district judiciary is "extremely tight distorted" when granting bail.

The unwillingness of the District Judiciary to abide to the concept of 'bail and not jail' is comprehensible, according to a single judge bench led by Justice Atul Sreedharan. Judges in the District Judiciary have a pervasive worry that they would be questioned by the High Court or that complaints would be filed against them because of unhappy lawyers or litigants if they issue bail orders, which will result in a vigilance investigation.

Additionally, the Court stated that, “the necessity of having an unconstrained and fearless District Judiciary cannot be overstated.” Inside a state like Madhya Pradesh, where poverty, illiteracy, and a limited resources are widespread, only a free, independent, and unflappable District Judiciary can guarantee that the end user of the justice system receives justice at the first level, rather than having to move higher up the court hierarchy.

Police have been given instructions:

  1. When the maximum penalty for a crime is up to 7 years in jail, the accused may not be detained by the police as a matter of course. Unless there is a specific statute that requires it.
  2. In such a circumstance, the police would have had to document why the arrest was necessary to prevent the person from… Continue Reading...

    Tagged: Madhya Pradesh High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com