In cases/offences punishable with imprisonment for term which may be less than seven years or which may extend to seven years, whether with or without fine, and cases under S. 498-A IPC or S. 4 of the Dowry Prohibition Act, directions issued for strict compliance with directions issued in Arnesh Kumar, (2014) 8 SCC 273 : (2014) 3 SCC (Cri) 449. Additional directions issued to ensure strict compliance with directions issued in Arnesh Kumar case.

[Mohd. Asfak Alam v. State of Jharkhand, (2023) 8 SCC 632]

 

Case comment:

Held, “The impugned order of rejecting the bail and directing the appellant, to surrender and later seek bail, therefore, cannot stand, and is hereby set aside. Before parting, the Court would direct all the courts seized of proceedings to strictly follow the law laid down in Arnesh Kumar and reiterate the directions contained thereunder, as well as other directions”

Interesting Directions are:

“11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted,before the High Court having territorial jurisdiction.

11.8. Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for department action by the appropriate High Court.

  1. We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A IPC or Section 4 of the Dowry, Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.”

 

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