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TMI Blog2019 (12) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order, while disposing of the application for anticipatory bail has passed the direction that the petitioner agency shall serve three working days notice, on proposing to arrest the petitioner in this case. 3. Learned counsel for petitioner submitted that the directions passed by the Ld. Judge are contrary to the settled law. The Apex Court in a catena of judgments has held that the directions of this nature cannot be passed while disposing of application for anticipatory bail. The Hon'ble Supreme Court in the case of Union of India vs. Padam Narain Aggarwal (2008) 13 SCC 305 in identical circumstances has held as under: - "64. In our judgment, on the facts and in the circumstances of the present case, neither of the above dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt or reject anticipatory bail. The courts are not empowered to travel beyond the dicta of the statute and pass directions not provided under the Act. 5. Learned counsel further submits that the present case relates to a scam involving approximately Rs. 3600 crores and is commonly known as Bank of Baroda Scam. During the course of investigation, various persons have been arrested and the petitioner agency is still in the process of unearthing the trail and a large number of people are involved in the present scam. The impugned order passed by the Ld. Judge will hamper further investigation in the case. The respondent has not cooperated in the investigation and has filed the application for anticipatory bail. The Application for anticipator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means to stop, to restrain a person. 'Arrest' is thus restraining of a person, obliging him to be obedient to law. It may also be defined as "execution of command of law of a duly authorized officer" as observed in Union Of India vs Padam Narain Aggarwal (supra). 10. Section 41 to 44 & 46 Cr.P.C. deals with arrest. Section 41 states that police officer may without an order from a Magistrate and without a warrant, arrest any person who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned. 11. As per Section 42 Cr.P.C., when any person who, in the presence of a police officer, has commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 'anticipatory bail' is a misnomer. It is not as if the bail is presently granted by the court in anticipation of arrest. When the court grants anticipatory bail, it makes an order that in the event of arrest a person shall be released on bail. Somewhat extraordinary power is exercised only in exceptional cases and is entrusted to the higher echelons of the judicial service namely the court of Sessions and the High Court. It is also observed that it is an extraordinary remedy and should be resorted to only in special cases. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing signs of steady increase. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail. 497A. (1) When any person has a reasonable apprehension that he would be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section. That Court may, in its discretion, direct that in the event of his arrest, he shall be released on bail". 16. The following draft of a new section is placed for consideration: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, though we must add that it is in very exceptional cases that such a power should be exercised. We are further of the view that in order to ensure that the provision is not put to abuse at the instance of unscrupulous petitioners, the final order should be made only after notice to the Public Prosecutor. The initial order should only be an interim one. Further, the relevant section should make it clear that the direction can be issued only for reasons to be recorded, and if the court is satisfied that such a direction is necessary in the interests of justice. It will also be convenient to provide that notice of the interim order as well as of the final orders will be given to the Superintendent of Police forthwith". [Law Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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