Jabalpur (Madhya Pradesh): Madhya Pradesh High Court has held that police or trial court may resort to extreme step of arrest only when it is necessary where the accused is not cooperating in the investigation or the trial relating to offences punishable up to 7 years.
The court issued the directive during a hearing on an anticipatory bail application of an accused against whom an FIR is registered at police station Dongargaon, in Narsinghpur district for an offence punishable under Sections 308(2), 3(5) of BNS.
Justice MS Bhatti directed that if the applicant fails to cooperate in the investigation or during trial, the police/trial court concerned shall be at liberty to arrest the applicant.
The applicant has given an undertaking that he shall cooperate in the investigation during trial as well, the court said. The court disposed of the first anticipatory bail application of Hemant Swami facing charges of extortion.
The applicant’s counsel submitted before the court that the applicant has allegedly committed an offence that is punishable up to 7 years, therefore, the applicant deserves to be granted anticipatory bail.
It was further submitted by the counsel that the applicant was ready to cooperate in the investigation and trial.
