Rajasthan High Court Bench comprising Justice Pankaj Bhandari in the matter of Bheemnagar Ps Bayana Dist. Bharatpur v. State Of Rajasthan directed the State Police to stay arrest till 17th July 2021, of an accused person who was accused of committing an offfence in which maximum punishment is three years of imprisonment and which is trialable by a Magistrate of Class First.
Background of the Case
This matter came up before the High Court in form of an anticipatory bail application filed for offences under Sections 457 and 354 of IPC read with Section 67 of I.T. Act wherein the maximum sentence, which may be awarded after conviction, may extend to 3 years. Apprehending arrest, the petitioner moved an anticipatory bail application before the Sessions Judge and on dismissal of the same, has approached the High Court.
Order of the Court
The court in this Bail application after taking into note the present situation and facts of the matter, highlighted the concern of high pendency of Court cases and said,
“There is a huge pendency of bail applications and as on date, as many as five Judges at Jaipur Bench of Rajasthan High Court are hearing bail matters in addition to Miscellaneous Petitions, Criminal Appeals etc., which are assigned to them. This Court is alive of the fact that in cognizable and nonbailable offences, police has a right to arrest the accused. This Court is also conscious of the fact that there are limitations of the Court in passing orders relating to other First Information Reports.”
Further, it was taken into notice that though Police have the right to arrest but in the present pandemic situation where a more important task is to contain the pandemic and to ensure compliance with COVID guidelines. Court putting queries to the Advocate General- stated that,
“whether the police, which is involved in other more important tasks of enforcing the lock-down, be directed not to arrest an accused charged with offence punishable with a term, which may extend upto 3 years till situation normalizes and for the time being, till 17th of July, 2021, to which the learned Additional Advocate General replied in affirmative.”
Moreover, the Court was of the opinion that the arrest of persons in cases where imprisonment extends up to 3 years and are triable by First Class Magistrate under present circumstances will prove to be counter-productive. If a person, who is arrested and produced before the Magistrate and thereafter, sent to Jail is an asymptomatic carrier of Covid-19, the inmates may be put at risk.
At last, it was held that,
“Taking note of the above and also in view of larger public interest, this Court is of the view that the police may be restrained for the time being from making arrest of the accused persons, who are charged with offence where maximum sentence is upto three years, till 17th July, 2021. Thus, listing of bail applications under Section 438 Cr.P.C both before Sessions Court as well as High Court will be avoided.”
“In light of the discussions made hereinabove and considering the suggestions, I deem it proper to direct the DGP to issue instructions to all the Officers concerned in the State of Rajasthan not to make arrest of persons in cases where accused is charged under an offence where maximum sentence extends upto three years and the offence is triable by First Class Magistrate. The order would remain in operation till 17th July, 2021.”
The matter is listed on 15 July for further hearing.
Case Details
Case Title: Bheemnagar Ps Bayana Dist. Bharatpu v. State Of Rajasthan,
Bench: Justice Oankaj Bhandari
Picture Source : https://pixabay.com/photos/police-handcuffs-arrest-detention-2122373/