Do decisions permitting re-arrest after default bail apply where Article 22(1) and (2) are breached at the threshold of arrest?
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
Decisions permitting re-arrest after default bail do not apply where Article 22(1) and (2) are breached at the threshold of arrest.
No. Sanjay Dutt and Rakesh Kumar Paul dealt with default bail on failure to file the chargesheet within the statutory period, where re-arrest is permitted. Here the Court was dealing with the violation of both the statutory and the fundamental rights under clauses (1) and (2) of Article 22, both infringements being at the threshold of arrest, unlike a case of default bail.
Constitution of India — Art.22(1) — Art.22(2) — Code of Criminal Procedure, 1973 — ss.50, 57 — Bharatiya Nagarik Suraksha Sanhita, 2023 — ss.47, 58 — Re-Arrest — Grounds Of Arrest In Writing — Judicial Imprimatur — Compensation — Constitution of India — Art.22(1) — Written Grounds Of Arrest — Breach Vitiates Arrest — Held: Under Article 22(1), the grounds of arrest must be furnished to the accused in writing, in a language he understands, as a matter of course. Breach vitiates the arrest, no question of prejudice arises, and release is not on bail. (¶23) Constitution of India — Art.22(1) — Re-Arrest After Release — Judicial Imprimatur — Held further: After release for breach of Article 22(1), re-arrest cannot be left to the discretion of the police who violated it. The investigating agency must apply to the Magistrate for custody, with reasons, after furnishing the grounds, with the superior's endorsement. (¶24, 25) Constitution of India — Art.22(2) — Production Within Twenty-Four Hours — Compensation — Held further: The same procedure applies where Article 22(2) is breached, and the High Court may direct payment of compensation as a public law remedy, with liberty to avail the private civil law remedy. (¶36) Code of Criminal Procedure, 1973 — Default Bail — Re-Arrest Does Not Apply — Held further: Decisions permitting re-arrest after default bail do not apply, as both infringements here were at the threshold of arrest. Appeal allowed; High Court order quashed. (¶34, 35, 38)
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