Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years


The Supreme Court on Tuesday stayed the Rajasthan High Court Order which restrained the police from making the arrest of the accused persons, who are who are charged with an offence where the maximum sentence is up to three years, till 17th July, 2021. The Supreme Court has also stayed the direction of High Court Single Bench which directed The Registrar (Judicial), Jaipur Bench, Jaipur & the Registrar (Judicial), Principal Seat, Jodhpur, not to list bail applications under Section 438 Cr.P.C in offences where maximum sentence extends upto three years and the offence is triable by First Class Magistrate till reopening of Courts after Summer Vacation.


Thus, the Court opined that the arrest of persons in cases where imprisonment extends up to 3 years and are triable by First Class Magistrate under present circumstances will prove to be counter-productive and if a person, who is arrested and produced before the Magistrate and thereafter, sent to Jail is an asymptomatic carrier of Covid-19, the inmates may be put at risk.

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