Mukesh Kumar Verma vs State of Rajasthan

Kanwaljit Singh Ahluwalia, J.—Present application has been filed u/s 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in a case arising out of FIR No. 40/2014, registered at Police Station Mahila Thana (East), Jaipur District Jaipur for offence punishable under Sections 498A, 406, 323 and 341 IPC.

In the present case, the petitioner is husband of the complainant/aggrieved-wife.

The learned counsel appearing for the petitioner contended that as per Section 41 of the Code of Criminal Procedure where imprisonment prescribed is less than seven-years, Investigating Agency has to record the reasons as to why arrest of the petitioner is necessary. It is further contended by the learned counsel that as per judgment of the Hon''ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, in Criminal Appeal No. 1277/2014 [Special Leave Petition [CRL.] No. 9127/2013], decided on 02.07.2014, notice is to be served upon the accused u/s 41-A of the Code of Criminal Procedure to appear before the Investigating Officer.

Furthermore, during the course of arguments, it is not denied that offence under Sections 323, 498-A, 406 and 341 I.P.C. prescribe maximum imprisonment of three-years and, therefore, the sentence to be awarded for the above said offence is less than seven-years.

After hearing the learned counsel for the parties, the present application stands disposed of with the directions to the concerned Investigating Officer to record the reasons, in case arrest of the petitioner is to be affected. After recording the reasons u/s 41 of the Code of Criminal Procedure, Investigating Officer shall serve a notice upon petitioner u/s 41-A of the Code of Criminal Procedure to appear before him. The said notice shall be accompanied by grounds/reasons recorded for affecting arrest as per terms of Section 41 of Cr.P.C. From the date the reasons recorded for affecting arrest and notice is served upon the petitioner, arrest of the petitioner shall remain stayed for a period of two weeks, to enable him to approach the Court of competent jurisdiction for grant of pre-arrest bail. The said Court shall decide the pre-arrest bail application considering the reasons recorded for affecting arrest.

In view of the directions issued herein above, the present application stands disposed of.

Office has pointed out that due to typographical error, name of the petitioner has been wrongly typed. The present petition has been filed by Mukesh Kumar Verma whereas in the order dated 9th July, 2014, name of the petitioner has been noticed as `Ashok Kumar Verma''.

Registry is directed to make correction in the order dated 9th July, 2014 and where ever the word `Ashok Kumar Verma'' has occurred the same be corrected as `Mukesh Kumar Verma''.

Corrigendum, if necessary, be also issued by the Registry.