The Supreme Court on Tuesday said it was not mandatory to arrest a person involved even in cognizable offences as it could cause irreparable damage to a persons reputation. The court also said since no provision was provided for anticipatory bail in Uttar Pradesh,courts should in appropriate cases provide interim bail to accused persons.
The direction from a bench of Justices Markandeya Katju and V S Sirpurkar came while dealing with a criminal appeal filed by one Lal Kamlendra Pratap Singh seeking quashing of the FIR registered against him in connection with cheating and other offences.
In appropriate cases,interim bail should be granted pending disposal of the final bail application,since arrest and detention of a person can cause irreparable loss to a persons reputation,as held by this court in Joginder Kumars case in 1994. Also,arrest is not a must in all cases of cognizable offences and in deciding whether to arrest or not the police officer must be guided and act according to the principles laid down in Joginder Kumars case, the bench observed.
In the Joginder Kumars case,the apex court had set parameters for making the arrest of a person and held that arrest was not a must whenever a FIR or cognizable offence is lodged.