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Indian Laws - Highlights / Catch Notes

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Grant of anticipatory Bail - Merely because an arrest can be ...

Indian Laws

August 24, 2021

Grant of anticipatory Bail - Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. - In the present case when the appellant has joined the investigation, investigation has completed and he has been roped in after seven years of registration of the FIR we can think of no reason why at this stage he must be arrested before the chargesheet is taken on record - SC

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