Bail -- Grounds of Arrest -- Defect in Documents -- Distinction between non-service and inadequate communication determines validity of arrest
(i) Constitution of India, 1950, Art.22(1) -- Bail -- Defect in Grounds of Arrest Documents -- Complete non-service of grounds of arrest vitiates the arrest, but where grounds have been served and only their adequacy is in question, the court must examine whether prejudice has been caused to the accused. A typographical error in the arrest documents, where the accused has expressed satisfaction with the reasons communicated, does not amount to non-service and cannot by itself vitiate the arrest. (ii) Bail -- Grounds of Arrest -- Plea After Rejection on Merits -- A plea regarding non-communication of grounds of arrest cannot be raised for the first time after earlier bail applications have already been rejected on merits and have attained finality. Non-compliance with the requirement of serving grounds of arrest also does not bar the investigating agency from effecting a fresh arrest for the purpose of investigation. (iii) Bail -- Grounds of Arrest -- Applicability of Judgment -- The requirement of communicating written grounds of arrest, as declared in judge-made law to give effect to Article 22(1), operates prospectively and does not apply to an arrest effected before the date of that judgment.
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