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Case Title |
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Introduction |
Appellant challenged legality of arrest and sought release from custody, citing violation of fundamental rights. |
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Factual Background |
Appellant filed appeal after High Court dismissal, contending illegal arrest and violation of Articles 21 and 22. |
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Legal Issues |
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Applicable Law |
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Analysis |
Court acknowledged violations but considered charge sheet filed, directing release on bail. |
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Indian Constitution Articles 21 and 22: Article 21 guarantees the right to life and personal liberty, while Article 22 provides protection against arrest and detention in certain cases.
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Pankaj Bansal case judgment: The specific judgment was not mentioned, but it likely refers to a precedent that established principles related to arrest and remand procedures.
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Procedural requirements for arrest and remand: The Code of Criminal Procedure (CrPC), 1973, governs the procedural aspects of arrest and remand in India. Specific sections include:
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Section 41: When police may arrest without warrant.
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Section 50: Duty of police officer making arrest to inform the grounds of arrest and of right to bail.
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Section 56: Person arrested to be taken before Magistrate without unnecessary delay.
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Section 167: Procedure when investigation cannot be completed in twenty-four hours.
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CASE SUMMARY
The Supreme Court directed the release of the appellant from custody upon fulfilling bail conditions. While acknowledging violations regarding the arrest, the Court considered the charge sheet filed, opting not to comment on the case’s merits. This decision underscores the Court’s role in safeguarding individual liberties and upholding constitutional rights, particularly in the context of arrest and detention procedures.
SOURCE – SUPREME COURT OF INDIA
