Alka Verma-
Published On: September 20, 2021 at 15:19 IST
While granting protection to a man from arrest, The Supreme Court of India has remarked that delay done by various Courts is causing unnecessary burden on Apex Court.
“We do believe that such deferments are only causing unnecessary burden on this Court rather than being dealt with at the appropriate level,” stated the Apex Court.
The Court was granting protection to a man whose Anticipatory Bail Application was pending in Allahabad High Court from past six months.
A Bench comprising Justices S K Kaul and M M Sundresh also noted that the Allahabad High Court haven’t acted in response to that pending Application.
“The petitioner was never arrested during the investigation, however, he joined and cooperated with the investigation. In such a scenario, on the charge-sheet being filed, there is no need to arrest the petitioner and produce him before the Court in view of the legal position now enunciated by us,” stated the Bench.
A summon was issued against the man by the Special CBI Court Ghaziabad.
After receiving the summons, the man firstly applied for Anticipatory Bail on January 16, 2021 which got rejected on January 28 and then he moved to High Court for getting protection on February 3, 2021.
At last, the Bench stated, “We, thus, grant interim protection to the petitioner against arrest till the next date of hearing before the Trial Court and stay the operation of the Order dated August 3, 2021 directing process under Section 82 (Proclamation for person absconding) of the CrPC on the petitioner appearing before the Trial Court he will be dealt with in accordance with law.”
The Court while granting the protection noted that a lot of Trials that were earlier heard by the High Court had no outcome, resulting the Petitioner to knock the Apex Court.
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