Arrest should be avoided if accused helps in probe: SC
3 Sept 2015 6:35 AM IST
“In cases, where the court is of the considered view that the accused has joined the investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided. A great ignominy, humiliation and disgrace is attached to arrest,” a said Bench of Justices AK Sikri and RF Nariman.
It added: “Arrest leads to many serious consequences not only for the <g data-gr-id="36">accused,</g> but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage.” The Bench said while dealing with anticipatory bail plea, the gravity of charge and the exact role of the accused must be properly comprehended and before arrest, the officer must record valid reasons for the arrest in the case diary.
It said once the accused is released on anticipatory bail, it would be unreasonable to compel him to surrender before the trial court and again apply for regular bail.
The court made the observation while granting anticipatory bail to an accused in a 17-year-old sexual assault, case in which rape charge was framed only in 2014.
The Bench added that “there is no requirement that the accused must make out a ‘special case’ for <g data-gr-id="40">exercise</g> of <g data-gr-id="41">power</g> to grant anticipatory bail”. “A person seeking anticipatory bail is still a free man entitled to the presumption of innocence,” it said.
The court, however, made it clear that “no inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail”.
The Bench said while dealing with anticipatory bail, the nature and gravity of the accusation and the exact role of the accused must be properly comprehended before his arrest.
“The possibility of the applicant to flee from justice, the possibility of the accused’s likelihood to repeat similar or other offences,” must also be considered, it said.
SC alarmed over theft of narcotics from custody
The Supreme Court has expressed alarm and termed as “very serious” the pilferage of seized narcotics from the custody of police and other authorities across the country and asked the Centre to come up with a “proper flowchart” to ensure their safe storage and eventual destruction. “Why don’t you (Centre) provide <g data-gr-id="55">proper</g> place in each district for keeping the contraband. The places should be properly guarded. Pilferage of such things is very serious,” a Bench of justices TS Thakur and Kurian Joseph said.
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