Restrictions on Bail Don’t Apply If Grounds of Arrest Are Not Given to Accused : Supreme Court

The Supreme Court ruled that failing to inform an arrested person of the grounds of arrest violates Article 22(1) of the Constitution, rendering the arrest invalid. 

Such a violation entitles the accused to bail despite statutory restrictions.

The Punjab & Haryana HC had refused to declare the arrest illegal, prompting the accused to approach the Supreme Court.

The State argued that the reason for the arrest was recorded in arrest memos, however Court disagreed, calling the treatment of the accused—handcuffing and chaining to a hospital bed—a violation of dignity under Article 21.

The Court ordered the accused's release, directed Haryana to issue guidelines, and ruled that filing a chargesheet wouldn’t validate an unconstitutional arrest.