difference between
ankit gupta
(Querist) 18 September 2008
This query is : Resolved
can someone please tell me difference between arrest and cusody?
please mention case reference and quotations of the supreme court.
ARVIND JAIN
(Expert) 19 September 2008
(Case/Appeal No: Civil Appeal No. 84 of 2008 with Civil Appeal No. 85 of 2008 (Arising out of SLP(C) No.14939))
State of Haryana & others Appellants Vs. Dinesh Kumar Respondent, decided on 1/8/2008.
Name of the Judge: Hon'ble Mr. Justice C.K. Thakker and Hon'ble Mr. Justice Altamas Kabir.
Subject Index: Recruitment of constable — drivers — withholding of important information — in the first of the two appeals, the respondent had not surrendered to the police but had appeared before the Magistrate with his lawyer of his own volition and was immediately granted bail. Admittedly, therefore, the respondent had not surrendered to the police but had voluntarily appeared before the Magistrate and had prayed for bail and was released on bail, so that as per the respondent s understanding at no point of time was he taken into custody or arrested — as to the second of the two appeals, the appellants in response to the query in column 14, had quite truthfully answered that they had not been convicted by any Court of any offence, since they had been acquitted of the charges brought against them. With regard to column 13(A), the appellants who had been implicated in FIR 108 dated 26th May 2002 under Sections 323/324/34 Indian Penal Code of Police Station Nangal Chaudhary, Mahendergarh, appeared before the Ilaka Magistrate on 7th June, 2002, and were released on their personal bonds without being placed under arrest or being taken into custody. The information disclosed by them was held to be suppression of the fact that they had been involved in a criminal case though the tenor of the query was not to that effect and was confined to the question as to whether they had been arrested — one of the common questions which, therefore, need to be answered in both these appeals is whether the manner in which they had appeared before the Magistrate and had been released without being taken into formal custody, could amount to arrest for the purpose of the query in Column 13A — what constitutes arrest and custody in relation to a criminal proceeding and the decision in respect thereof may have a bearing on the fate of the respondent in this appeal and that of the appellants in the other appeal in relation to their recruitment as Constable-Drivers in the Haryana Police.
