Rajasthan HC restrains police from making arrests of persons who are charged with offence where maximum sentence is upto 3 years

On 17th May, 2021 the High Court of Rajasthan took cognisance of the fact that the arrest of persons in cases where imprisonment extends upto 3 years and are triable by First Class Magistrate under present circumstances will prove to be counter-productive. If a person, who is arrested and produced before the Magistrate and thereafter, sent to Jail is an asymptomatic carrier of Covid-19, the inmates may be put at risk.

Relevant extracts of the directions have been reproduced below-

“Taking note of the above and also in view of larger public interest, this Court is of the view that the police may be restrained for the time being from making arrest of the accused persons, who are charged with offence where maximum sentence is upto three years, till 17th July, 2021.

Listing of bail applications under Section 438 Cr.P.C both before Sessions Court as well as High Court will be avoided.”