Jharkhand High Court Grants Interim Bail, Affirms Judicial Vigilance Over Liberty Rights
Last Updated on August 1, 2024 by News Desk
The Jharkhand High Court has granted interim bail to an accused who was in transit remand following an arrest by the Jharkhand Police in Bareilly, Uttar Pradesh. Justice Sanjay Kumar Dwivedi presided over the case and determined that releasing the petitioner on interim bail was justifiable for the sake of justice.
The petitioner is directed to be released on interim bail, subject to executing a personal bond of Rs. 50,000/- to be executed before the Jail Superintendent, Jamshedpur. The court emphasized that the petitioner’s liberty is at stake and that the High Court cannot be a mute spectator if a case is made out of interfering and brought into the knowledge of the High Court under Article 226 of the Constitution of India.
The court cited the Supreme Court’s decision in Arnab Manoranjan Goswami v. State of Maharashtra & Ors., where the Apex Court had ruled that:
“If an arbitrary case is presented and someone is taken into custody without following due procedure, the High Court can exercise its jurisdiction under Article 226 of the Constitution.”
The court emphasized that while the Criminal Procedure Code (Cr.P.C.) provides detailed procedures for arrest, if a case is brought to the High Court’s attention under Article 226, the Court has a heightened responsibility to scrutinize the situation to ensure no one’s liberty is unduly compromised.
The court instructed the Jail Superintendent and the Senior Superintendent of Police, Jamshedpur, to ensure compliance with the Order and scheduled the next hearing for August 13.
