Queency Jain
The bench headed by Chief Justice of India NV Ramana said that an accused denied anticipatory bail can be given protection from immediate arrest in exceptional cases.
The order said that the protection given must explain the reasons for issuing the protection.
The order comes after the CJI observed that an accused, despite being an accused, may also be the sole breadwinner of the family and his arrest might leave his loved ones in a state of starvation.
CJI directed that the Courts in such exceptional cases have the power to allow an accused to retain his personal liberty for some time in order to make arrangements for his family before surrendering in the trial court.
Further, CJI urged courts to pay equal attention to the humane side of the criminal law as granting and rejecting bail plea has a direct bearing on the fundamental right to life and liberty of an individual.
The CJI further stated that only High Courts and Supreme Court shall have the power to do so.
In conclusion, the CJI stated that such protection must be given in a reasoned manner, taking into consideration the concern of the investigating authority and not for granting judicial largesse to accused persons.