Police cannot re-arrest person out on bail sans permission if new offences added, rules court : The Tribune India

Join Whatsapp Channel

Police cannot re-arrest person out on bail sans permission if new offences added, rules court

Judicial magistrate says right course is to approach High Court which granted bail

Police cannot re-arrest person out on bail sans permission if new offences added, rules court

Photo for representational purpose only. iStock file photo



Rajneesh Lakhanpal

Legal Correspondent

Ludhiana, June 13

Once an accused is granted bail, he cannot be re-arrested on addition of new offences without the order of the court which granted him bail. These observations were made by the court of judicial magistrate Rajan Aneja, while discharging accused Sunil Thomas, a resident of Vikas Nagar, Pakhowal Road, Ludhiana arrested by the Dugri police despite having secured an anticipatory bail.

The accused was earlier granted anticipatory bail by Justice Aman Chaudhary, a judge of the Punjab and Haryana High Court on April 20, 2023. With the orders of the High Court, he joined the investigations and was released on bail by the police after making his arrest.

A case against him was registered on June 11, 2022 at Dugri police station under Section 420 of IPC on the complaint of a person named David, a resident of Housing Board Colony, Bhai Randhir Singh Nagar, Ludhiana.

In his complaint, the complainant had claimed that the accused sold someone else’s land by claiming it to be his own. On the basis of statements given by the complainant, the police had registered a case of cheating and fraud against the accused. Due to this, the accused had taken his anticipatory bail from the Punjab and Haryana High Court.

After about more than a year, the local police re-arrested the accused and produced him before the court seeking remand of five days with the plea that his custodial interrogation was necessary as certain incriminating documents were required to be recovered from his possession. The police pleaded that during investigations, they have added more offences relating to forgery of documents under Section 467, 468, 471 and 120-B of IPC to the case.

Defence lawyer Iqbal Singh strongly opposed the grant of police remand. He said that the arrest was illegal. The accused was unnecessarily arrested two years after the case was registered by the Dugri police. The court witnessed heated arguments relating to the high-handedness of police. He said that it was a settled law that once a person is out on bail, he cannot be arrested again with addition of offences. He also cited similar earlier decisions of the High Court and Supreme Court to prove his point in the court.

After hearing the arguments of both sides and looking at many decisions and guidelines of the High Court and Supreme Court, the court discharged the accused and got him released from police custody.

However, the court held that if the investigating officer wants to re-arrest the accused, he can approach the High Court to seek permission for doing so.


Top News

Joe Biden ends 2024 re-election campaign

Joe Biden drops out of 2024 US presidential race

The 81-year-old president's decision comes four months befor...

Kanwar Yatra order: Both Muslim and Hindu owners ask staff to quit, small dhabas fear hit to income

Kanwar Yatra order: Both Muslim and Hindu owners ask staff to quit, small dhabas fear hit to income

Despite mounting criticism, the state governments defend the...

Bangladesh’s top court scales back government jobs quota after deadly unrest killed scores

Bangladesh's top court scales back government jobs quota after deadly unrest killed scores Bangladesh's top court scales back government jobs quota after deadly unrest killed scores

Ruling on an appeal, the Supreme Court orders that the veter...


Cities

View All