Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 26 August 2014
Hi Friends...
Pl share the roll of judgement ( SC - Arnesh Kumar vs St of Bihar... dated 02.07.2014) in anticipatory bail u/s 420 IPC and what are the chances of said bail in these days. Pl also share in detail what system police should follow after FIR u/s 420 IPC and is police really following this latest law ? if not than what is solution and action against police and court ?
498A-filed (Advisor) 08 October 2014
The reality is that very little has changed on ground after this landmark judgement from supreme court and also directions from the home ministry to follow crpc 41. This judgement was given in a case of 498A and even in 498A cases arrest are being made in a routine manner.
If the police arrests without proper reason and without following the procedures & law, one can move to high court in the contempt of supreme court judgement against the police, citing the Arnesh vs State of Bihar judgement. It is applicable for all cases with jail term of upto 7 years.
Your query is related to 438 crpc. Granting or denying AB is the discretion of the judge and this judgement has nothing to do with it.
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