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Arrest not a must in all cases of cognisable offences: court

Legal Correspondent

Adhere to rules laid down in Joginder Kumar’s case

In appropriate cases, interim bail should be granted pending disposal of final application
Arrest and detention can cause irreparable loss to a person’s reputation

New Delhi: Arrest of a person is not a must in all cases of cognisable offences whenever the first information report is lodged, the Supreme Court has held.

A Bench consisting of Justices Markandey Katju and V.S. Sirpurkar, in its final order on a criminal appeal, said: “Arrest is not a must in all cases of cognisable offences and in deciding whether to arrest or not the police officer must act according to the principles laid down [by the Supreme Court] in Joginder Kumar’s case.”

In the instant case, Lal Kamlendra Pratap Singh challenged the Allahabad High Court order rejecting his petition to quash a criminal case against him.

By an interim order on November 30, 2007 the Supreme Court directed the police not to arrest him.

U.P.’s stand

During the final arguments on March 23, the Uttar Pradesh government said the case was now pending trial and the FIR should not be quashed.

The appellant said he apprehended arrest as there was no provision for anticipatory bail in Uttar Pradesh.

He quoted a decision of the Full Bench of the Allahabad High Court which stated “the court [concerned] may grant bail pending final disposal of the bail application.”

The Supreme Court Bench said: “We fully agree with the view of the High Court and we direct that the said decision be followed by all courts in U.P. in letter and in spirit, particularly since the provision for anticipatory bail does not exist in U.P. In appropriate cases, interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person’s reputation as held by this court in Joginder Kumar’s case.”

While dismissing the appeal, the Bench granted the appellant time till April 15 to appear before the trial court and file a bail application.

“If such an application is filed, the trial court shall consider the same on its merits in accordance with law, and if it so deems fit grant interim bail pending disposal of his application. Let a copy of this judgment be sent to the Registrar-General of the Allahabad High Court, who will circulate it to all judges of the High Court and send copies to all ditrict judges in the State.”

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