Arrest
Bail in case of illegal arrest—Duty of court—Once a Court, while dealing with a bail application, finds that the fundamental rights of accused under Articles 21 and 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the court dealing with the bail application to release the accused on bail—Reason is that the arrest in such cases stand vitiated—It is the duty of every court to uphold the fundamental rights guaranteed under Articles 21 and 22 of the Constitution.
[Para 8]
Criminal Procedure Code, 1973
Section 439—Grant of bail by the High Court on ground of illegal arrest of the respondent—Appeal—Offence under Section 4 of the PML Act—Arrest of respondent is rendered completely illegal as a result of the violation of clause 2 of Article 22 of the Constitution of India—Since there is a violation of Article 22(2) of the Constitution, even his fundamental right to liberty guaranteed under Article 21 has been violated—Order of High Court granting bail to the respondent—Proper.
[Paras 5 & 6]
Prevention of Money Laundering Act, 2002
Section 45—Bail—Illegal arrest—When arrest is illegal or is vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests under clause (ii) of sub-section 1 of Section 45 of the Prevention of Money Laundering Act.
[Para 9]