Sunday, 5 August 2012

Arrest for ulterior motives is a strong ground for Bail

This judgment explains the concept of pre-arrest bail in the best possible manner.

(b) Criminal Procedure Code (v of 1898)---
---S. 498---Pre-arrest bail---Arrest for ulterior motives such as humiliation and unjustified harassment is a valid consideration for the grant of pre-arrest bail. [p.2091]B.
(c) Criminal Procedure Code (V of 1989)---
----S. 498---Pre-arrest bail---Power under S.498, Cr.P.C. through of an extraordinary nature is meant to be exercised in appropriate cases and the refusal to exercise such discretion when the circumstances of a case demand for such exercise  of discretion may reduce S.498, Cr.P.C. to a dead leatter. [p. 2091]C
(d) Criminal Procedure Code (V of 1989)---
----S. 498---Penal Code (XLV of 1860), S.360/361/120/34---Pre-arrest bail, grant of---Accused appeared to be respectable persons, two out of them were senior Government officials and their professional career, respect and honour were likely to be ruined if they were arrested in a case in which there was hardly any evidence worth consideration against them---Offence with which the accused were charged did not fall within the prohibitory clause of S. 497, Cr.P.C. and in such a case grant of bail was a rule while its refusal was an exception----Interim pre-arrest bail granted to accused was confirmed in circumstances. [pp. 2091, 2092] D,F & G
Ref:-  1985 S C M R 1949, 1973P Cr.L.J 873, 1991  S C M R 322 and A I R 1977 SC 2447.

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