MAINUDDIN SK. @ MAINU Vs. MAINUDDIN SK. @ MAINU

JUDGEMENT

(1.) Application for bail is made on the basis of a three fold argument advanced by Mr. Sekhar Basu, learned Senior Advocate appearing for the petitioners. It is firstly submitted that the arrest memo does not indicate any intimation given to any relative. Reference in this regard is made to the decision of the Supreme Court in the case of D. K. Basu Vs State of West Bengal reported in AIR 1997 SC 610 followed in the context of the facts in CRR No.5708 of 2018 in order dated August 10, 2018 by a Coordinate Bench.

(2.) This Court is of the view that non compliance of the provisions of Section 41B of the Code of Criminal Procedure albeit insisted upon by the Hon 'ble Supreme Court in the D. K. Basu decision above would not necessarily by itself be fatal to any investigation or trial or any proceeding. The same may, however, otherwise indicate lapses that may be interpreted as mala fide.

(3.) It also appears that the arrest was initially made by the State Police. The investigation was subsequently transferred to the CBI at the directions of a Special Five Judge Bench of this Hon 'ble Court.