Can't arrest just because it's lawful: Bombay HC while granting bail to Kochhars in ICICI-Videocon loan case
2 years, 2 months ago

Can't arrest just because it's lawful: Bombay HC while granting bail to Kochhars in ICICI-Videocon loan case

India Today  

Former ICICI Bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar have been released from jail in Mumbai after getting bail in a loan fraud case. "As a constitutional court, we cannot be oblivious to the contravention of the mandatory provisions of law and the judgments of the Apex Court," said a bench of Justices Revati Mohite Dere and PK Chavan while granting bail to Chanda and Deepak Kochar. The court looked at the reasons given by CBI for the arrest and said, "It does not disclose as to whether the arrest was necessary for one or more purpose." The bench said that it was incumbent on the judicial officer authorising detention to be first satisfied that the arrest made is legal and in accordance with the law and that all the constitutional rights of the person arrested are satisfied. In fact, when an accused is arrested and produced before the concerned court, it is the duty of the said Judge to consider whether specific reasons have been recorded for arrest, and if so, prima facie, whether those reasons are relevant and whether a reasonable conclusion could at all, be reached by the officer that one or the other conditions in Section 41 to are attracted."

History of this topic

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