The Rajasthan HC's Order Prohibiting Police From Arresting Suspects In Cases Where The Maximum Sentence Is Up To Three Years Is Upheld By The SC

What Are The Facts Of The Case

• A single bench of the Rajasthan High Court, presided over by Justice Pankaj Bhandari, was hearing an anticipatory bail application filed for offences under Sections 457 and 354 of the IPC, read with Section 67 of the I.T. Act, which states that the maximum sentence that can be imposed after conviction is three years.

Analysis of Section 354 of IPC

• Fearing arrest, the petitioner filed an anticipatory bail application with the Sessions Judge, and when that was denied, he reached the High Court.
• The Bench was hearing a petition filed by the High Court challenging a single bench order issued in May 2017 directing the DGP to issue instructions to all officers relating in the state of Rajasthan not to make arrests in cases where the accused is charged with an offence with a maximum sentence of three years and the offence is triable by a First Class Magistrate.
• The order was to be in effect until July 17, 2021.
• Counsel appearing for the Rajasthan High Court, told the Supreme Court bench that the single bench directions were problematic. Henotified the bench that the same single bench had issued an order not to list bail applications during the lock down period last year, and that the order had been stayed by the Supreme Court on an appeal filed by the Rajasthan High Court.

Anticipatory Bail and SC & ST (Prevention of Atrocities Act) Act

Court’s Order

• Following that, the Supreme Court issued a notice on the petition, ordering that the directions of the single bench order be stayed.The case has been merged with the Rajasthan High Court's special leave petition filed against the single bench order last year.
• On May 26, 2021, the Supreme Court stayed a Rajasthan High Court order prohibiting police from arresting persons charged with a crime with a maximum punishment of three years. Because of the pandemic and lockdown situation in the state, the top court extended the deadline to July 17.
• The Supreme Court has also stayed the direction of a High Court Single Bench that directed the Registrar, Jaipur Bench, Jaipur, and the Registrar (Judicial), Principal Seat, Jodhpur, not to list bail applications under Section 438 Cr.P.C in offences where the maximum sentence is three years and the offence is triable by a First Class Magistrate until the courts reopened after the summer vacation.
• Under the current circumstances, the Court believes that arresting people in cases where imprisonment is up to three years and is triable by a First Class Magistrate will be counter-productive and that if a person is arrested, produced before the Magistrate, and then sent to jail is an asymptomatic carrier of Covid-19, the inmates may be put at risk.

A short note on Anticipatory bail

What do you think about the Rajasthan HIgh Court’s Order prohibiting police from arresting suspects in cases where the maximum sentence is up to three years? Let us know in the comment section below!