New Delhi, May 25 (ILNS) The Supreme Court today stayed the order of Rajasthan High Court, which had directed the Director General of Police (DGP) to issue instructions to all the officers concerned in the state of Rajasthan not to make arrest of persons in cases, where the accused was charged under an offence, where the maximum sentence extends up to three years and the offence is triable by First Class Magistrate.
The Bench of Justices Vineet Saran and BR Gavai also stayed the direction of the High Court, by which it had directed The Registrar (Judicial), Jaipur Bench, Jaipur and the Registrar (Judicial), Principal Seat, Jodhpur, to not list bail applications under Section 438 of CrPC in offences, where maximum sentence extends up to three years and the offence is triable by First Class Magistrate till reopening of Courts after Summer Vacation.
The apex court also stayed the direction by which the High Court had directed to send the order copy to the Additional Advocate General for onward transmission to DGP.
The directions were issued by the High Court on May 17, in a matter pertaining to an anticipatory bail application filed by accused Bhanwar Singh, charged for sexual harassment and trespassing.
He had challenged the dismissal of his bail application by the Sessions Court before the Single Judge Bench of Justice Pankaj Bhandari.
The High Court had noted in its order that there is a huge pendency of bail applications and as on date, as many as five Judges at Jaipur Bench of Rajasthan High Court are hearing bail matters, in addition to Miscellaneous petitions and criminal appeals, which are assigned to them.
The Court had also noted that it is alive to the fact that in cognisable and non-bailable offences, police has a right to arrest the accused, however, taking note of grave condition of the pandemic, lockdown and various guidelines issued by the state to restrict number of employees coming to workplace, it was deemed proper to hear the learned AAG.
“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,” it added. ILNS/AYG/RJ