Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence

Manoj Suresh Jadhav and others vs The State of Maharashtra

Supreme Court

07/05/2018

Petition(s) for Special Leave to Appeal (Crl.) No(s).10179/2017

About/from the judgment:

It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time, the bench said.

 

The Supreme Court bench, setting aside the high court order, observed: “It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time.”

 

Releasing the accused on bail, the bench said the state is at liberty to apply for cancellation of bail and seek the custody of the accused.

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