Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Contempt of Court Person apprehending arrest presenting application before High Court for grant of bail before arrest, waiting outside Court room for being called for hearing of his application-Arrest of such person by Police Officers from compound of Court before hearing of his application -Held, interference with proper working of Court, unwarranted inter vention in exercise of its lawful jurisdiction and an obstruction of its process-Sheer contempt of superior Court-Offence further aggravated if persons (Police Officers) responsible for execution of'. process of Court and consequently legally bound to obey its com mands issued in exercise of such jurisdiction, try to set its autho rity at naught-Criminal Procedure Code (V of 1898), S. 498.-[Bail Jurisdiction]. The jurisdiction of this Court to grant bail before arrest in appropriate cases is indubitable, wherefor, the right of a person, who apprehends arrest and considers himself entitled to the grant of bail before arrest to present an. application for this purpose before the Court is equally beyond doubt. It is the established practice of this Court and, therefore, law unto it that an applicant for bail before arrest should be present when the case comes up for hearing. In any case the right of an applicant to be present and even to make his own submissions before the Court can hardly be denied or underestimated. Any attempt to create circumstances, in which an appli cant, who is present in the Court compound for the aforesaid purpose is unable to prosecute his application or any action whereby the application for bail before arrest is made infructuous by arresting the man from such. compound before the Court has been able to consider the application and pass an order upon it; is undoubtedly an interference with the proper working of the Court, an unwarranted intervention in the exercise of its lawful jurisdiction and an obstruction of its process, in either of these cases it is sheer contempt of a superior Court and the gravity of the offence becomes further aggravated if persons. who are responsible for the execu tion of the process of the Court and consequently legally bound to obey its commands…