{"id":298258,"date":"2023-08-01T18:00:47","date_gmt":"2023-08-01T12:30:47","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=298258"},"modified":"2023-08-02T18:53:40","modified_gmt":"2023-08-02T13:23:40","slug":"sc-directs-hc-dgp-arnesh-kumar-guidelines-lower-courts-police-prevent-unnecessary-arrests","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/08\/01\/sc-directs-hc-dgp-arnesh-kumar-guidelines-lower-courts-police-prevent-unnecessary-arrests\/","title":{"rendered":"Supreme Court directs HCs and DGPs of all States to ensure Arnesh Kumar guidelines are issued to lower courts and police authorities to prevent unnecessary arrests"},"content":{"rendered":"
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Supreme Court<\/span>: In an appeal against the order passed by Jharkhand High Court, wherein the Court has denied anticipatory bail to the appellant\/husband and directed him to surrender before the Court and seek regular bail, the division bench of S. Ravindra Bhat and Aravind Kumar while setting aside the impugned order, directed all the courts to strictly follow the law laid down in Arnesh Kumar<\/i> v. State of Bihar<\/i>, (2014) 8 SCC 469<\/a> and further reiterated the directions contained thereunder. Further, it directed the High Court to frame these directions in the form of notifications and guidelines to be followed by the Sessions Courts and all other Criminal Courts dealing with various offences.<\/p>\n

The Bench also directed the Director General of Police in all States to ensure that strict instructions in terms of these directions are issued. Further, it also directed the High Courts and the DGP's of all States to ensure that such guidelines and Directives\/Departmental Circulars are issued for guidance of all lower courts and police authorities in each State within eight weeks from the date of this judgment.<\/p>\n

Background:<\/p>\n

The husband and the respondent\/wife were married on 5-11-2020. The husband alleges that the wife was not happy, and her father used to interfere and pressurize him and his family. This led to complaints lodged against the wife's family for threatening the husband's family. It is alleged that on in 2022, without complying with the directions of Five Judge Bench in Lalita Kumari<\/i> v. Govt. of U.P.<\/i>, (2008) 7 SCC 164<\/a>, the police registered the First Information Report (FIR) against the husband and his brother and others, complaining of commission of offences under Section 498A<\/a>, 323<\/a>, 504<\/a>, 506<\/a> of the Penal Code, 1860<\/a> (IPC) and Section 3 and 4 of the Dowry Prohibition Act.<\/p>\n

The husband apprehended arrest and applied for anticipatory bail under Section 438<\/a> of the Code of Criminal Procedure, 1973<\/a> (CrPC) before the Sessions Judge, but the application was dismissed on 28-06-2022. The husband then approached the Jharkhand High Court seeking anticipatory bail. All this while, the husband cooperated with the investigation, and after its completion, a charge sheet was filed before the Sessions Judge.<\/p>\n

Contentions<\/p>\n

The husband contended that importance has been placed by the Constitution on the value of personal liberty, the necessity for arrest before filing of the charge sheet occurs when the accused's custodial investigation or interrogation is essential or in certain cases involving serious offences where the accused's possibility of influencing witnesses cannot be ruled out. He further contended that an arrest cannot be made in every case and emphasized that the distinction between the existence of the power to arrest and the justification of exercising it must always be kept in mind. Further, the procedural requirements of Section 41-A<\/a> of the CrPC<\/a> must always be followed in this regard.<\/p>\n

The State submitted that the mere fact that a charge sheet is filed would not per se entitle an accused to the grant of anticipatory bail, which always remains discretionary.<\/p>\n

Analysis:<\/p>\n

The Court said that it has been ruled, in a long line of cases that ordinarily bail ought to be granted and that in serious cases involving allegations relating to offences carrying long sentences or other special offences, the court should be circumspect and careful in exercising discretion. The paramount considerations in cases where bail or anticipatory bail is claimed are:<\/p>\n