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SC Recalls its order of Pre-arrest Bail after acknowledging the arrest of petitioner, delay in listing of application

Delay in listing cost the man his freedom
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Friday, Delay of 45 days in listing of Edwin Jeyakumar bail application has cost him freedom. The judges had view that, the man should not have been arrested just because “he could not settle with his wife”.

The Nation has witnessed many unforseen events during lockdown, and now one such seen in the justice system, when the bench granted Pre-arrest Bail and minutes later recalled its order, on being informed by the advocate of the applicant that the applicant has been arrested and in jail.

News18 published detailed proceedings and also the judges remarks in the case.

In the matter, the bench allowed the protection from arrest to the applicant, even without the argument by the advocate of the applicant, which was deleted from the order minute later.

Soon after the proceedings in the case, Justice Khanwilkar remarked that “What is this? Just because he could not settle with his wife, he is supposed to be arrested,”, News18 published.

When the bench was informed by the advocate of the applicant about his arrest, bench said that, “Oh, he has already been arrested. Then nothing survives in this petition. This petition is infructuous now.”, News18 published.

The bench of Justice Khanwilkar and Justice B.R. Gavai then disposed the application and asked the petitioner to “purse other appropriate remedies including bail application” on merit.

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