Lawstreet Journal

Supreme Court stays Rajasthan High Court order restraining Police from Arresting Accused in Cases where Maximum Sentence is up to three years

Lawstreet Journal 28 May 2021 5:02pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court stays Rajasthan High Court order restraining Police from Arresting Accused in Cases where Maximum Sentence is up to three years

The Apex Court on May 25th 2021 Tuesday, stayed the Rajasthan High Court order restraining the police from making arrests of the accused persons who are charged with an offence where the maximum sentence is up to three years till 17th of July 2021.

The Apex court stayed the direction of the High Court single bench which directed the judicial registrar Jaipur Bench, Principal seat, Jodhpur, not to list bail applications under section 438 crpc in offences where the maximum sentence extends up to three years and the offence is triable by First Class Magistrate till reopening of courts after summer vacation.

A vacation bench chaired by Justices Vineet Saran and BR Gavai stayed the order on a special leave petition filed by the Rajasthan High Court against the single bench order.

The Bench was hearing a petition signed by the High Court challenging the May 17 order of single bench directing the DGP to issue instructions to all officers concerned in the state of Rajasthan not to make arrest of person in cases where accused is charged under an offence where maximum sentence extends up to three years and the offence is triable by First Class Magistrate. The order was remaining in operation till 17th July 2021.

Vijay Hansaria, Senior Advocate who appeared for the High Court of Rajasthan, told the Apex Court Bench that the single bench directions were problematic. The senior lawyer informed the range that last year also, the same single bench had issued an order… Continue Reading...


Tagged: Supreme Court of India   Rajasthan High Court  
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