(Rohinton Fali Nariman and B.R. Gavai, JJ.)
Writ Petition(s) (Criminal) No(s). 62/2021
Munawar _________________________________________ Petitioner;
v.
State of Madhya Pradesh and Others ________________ Respondent(s).
(For Admission and IA No. 13681/2021-Stay Application and IA No. 13679/2021-Grant of Bail and IA No. 13684/2021-Exemption From Filing Affidavit)
With
SLP (Crl.) No. 1045 of 2021 (for admission and IR and exemption from filing c/c of the impugned Judgment and exemption from filing OT and exemption from filing affidavit)
Writ Petition(s) (Criminal) No(s). 62/2021; IA No. 13681/2021; IA No. 13679/2021; IA No. 13684/2021; and SLP (Crl.) No. 1045 of 2021, decided on February 5, 2021
The Order of the court was delivered by
Order
1. The learned counsel has pointed out to us that quite apart from the fact that the allegations made in the FIR are vague that the procedure contained in Section 41 Cr.P.C. as adumbrated by our Judgment in “Arnesh Kumar v. State of Bihar”, reported in (2014) 8 SCC 273, has not been followed before arresting the petitioner. This being the case, we issue notice in both the petitions, and stay the Judgment of the High Court. The petitioner is released on ad-interim bail on conditions to the satisfaction of the trial court.
2. In the meantime, there shall be stay of the production warrants as well.
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