LI Network
Published on: November 14, 2023 at 11:33 IST
The Allahabad High Court, under the bench of Justice Subhash Vidyarthi, has clarified that the provisions of the Criminal Procedure Code (Uttar Pradesh Amendment) Act 2018, reinstating anticipatory bail in the state, apply not only to offenses committed after its enactment but also extend to persons ‘apprehending arrest’ for pre-2019 offenses.
The 2018 Amendment Act, effective from June 6, 2019, revived Section 438 of the CrPC, providing anticipatory bail, which had been removed by the CrPC (Uttar Pradesh Amendment) Act 1976 during the Emergency period.
The court, considering the 2018 Amendment Act as a beneficial legislation, asserted that its application should not be limited to offenses committed after its enactment in 2019.
Justice Subhash Vidyarthi, in response to an anticipatory bail petition filed by Allama Zamir Naqvi in a 2014 case, emphasized that the amendment restores the benefit of anticipatory bail to individuals apprehending arrest, a provision available until 1976.
The Sessions Court had rejected Naqvi’s bail plea, citing the incident date in April 2014, stating that Section 438 CrPC did not apply to the state at that time.
The High Court found the Sessions Court’s reasoning incorrect, highlighting that the 2018 Amendment Act aimed to reinstate a benefit that was available to individuals in the rest of India before its enactment.
The court considered the nature of declaratory, clarificatory, or curative statutes, noting that such laws often have retrospective impact, especially when dealing with procedural matters.
Given the circumstances, the High Court determined that the rejection of anticipatory bail based on the incident’s date was flawed, as the amendment sought to rectify the lapse in anticipatory bail provisions.
Considering the animosity between the parties, inconsistencies in statements, and the applicant’s age, the court granted anticipatory bail, emphasizing the lack of substantial evidence supporting the allegations.
The Allahabad High Court’s ruling clarifies the retrospective application of the CrPC (UP Amendment) Act 2018, ensuring that individuals apprehending arrest for offenses predating its enactment can benefit from anticipatory bail provisions.
Case Title: Allama Zamir Naqvi Alias Tahir In Fir Zameen Naqvi Alias Tahir vs. State Of U.P. Thru. Prin. Secy. Lko. And Another 2023
