PANASAM AKSHARA | Delhi HC
Case-Neelam Chauhan v. The State Govt. of NCT of Delhi.
The Delhi High Court observed that no arrest be made merely for reason that it is lawful adding police officer has to justify the arrest apart from his power to do so.The court referred to Supreme Court judgment in Satendar Kumar v. CBI which discussed compliances of sec. 41 and 41A of CrPC,1943.Justice Anu Malhotra observed that provisions have to be adhered by Investigating Agency in event the police officer considers it essential to arrest the accused persons.The Court observed while dealing with anticipatory bail plea filed by husband wife duo who denied same on grounds that there was recovery of alleged amount of Rs.80 lakhs of gold jewellery and Rs.30 lakhs in cash which recovered from them.The complainant whose late husband ran a jewellery shop,alleged that petitioners along with another individual had entered into deep rooted conspiracy and cheated her,with fraudulent and dishonest intentions for cumulative sum of > 1,35,00,000 It submitted on behalf of petitioners there was nothing on record to substantiate the averments made in FIR and they were being falsely implicated It also submitted that offences allegedly committed by them were punishable with sentences below 7years and in terms of verdict of Supreme Court,they were entitled to release on bail and ought not to be incarcerated.Persuing status reports filed by state the Court noted that state allege to effect that custodial interrogation of petitioners is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores.The Court noted the statements of witnesses recorded that is of women who had given articles jewellery to the petitioner which were categorical in relation to gold jewellery worth Rs.80 lakhs and Rs.30 lakhs in cash.The court rejected the anticipatory bail pleas of petitioners and ordered that,'However in the event of any arrest being made of applicants the Investigation Officer shall ensure adherence to provisions of sec. 41(1) AND 41A of the CrPC 1973'.