pre-execution/pre-arrest
challenge to detention order. As a general rule, a detention order cannot
be set aside at the pre-execution/pre-arrest ... Court while
entertaining a petition challenging the detention order at a pre-
execution/pre-arrest stage. In the case of Alka Subhash Gadia (supra
Applicant's continued
incarceration would amount to preventive detention at the pre-trial stage,
thereby depriving him of his personal liberty as enshrined under
Applicant's continued incarceration
would amount to punitive detention at the pre-trial stage, thereby depriving
him of his personal liberty as enshrined under
Applicant's continued incarceration would
amount to preventive detention at the pre-trial stage, thereby depriving him
of his personal liberty as enshrined under
Therefore,
the continued detention of the Applicant serves no useful purpose and would
amount to punitive detention at the pre-trial stage.
4.2. The stolen
stage. They have undertaken to remain available for
interrogation when called for.
6. The Supreme Court has repeatedly emphasized that the provision of
pre-arrest ... attendance of the
accused at trial.5 Arrest and detention, particularly at the pre-trial stage, are
not to be used as instruments of punishment
necessary.
6. The Supreme Court has repeatedly emphasized that the provision of
pre-arrest bail, under Section 438 Cr.P.C. (corresponding to Section ... attendance of the
accused at trial.4 Arrest and detention, particularly at the pre-trial stage, are
not to be used as instruments of punishment
minor also calls for a cautious approach.
9. However, at this stage, this Court cannot conduct a meticulous
evaluation of every inconsistency or circumstance ... stage, but they do indicate that the prosecution case
rests on issues which will require close scrutiny at trial, rather than justifying
pre-trial detention
Section 6 of the POCSO Act have been framed.
6. At this stage, there appears to be substantial material supporting the
prosecution's case ... stage,
with the prosecution evidence already concluded. Ordinarily, such factors
may weigh in favour of enlarging an undertrial on bail, since pre-trial
detention should
chargesheet. Consequently, there is no
further requirement for custodial interrogation or detention of the Applicant
for investigative purposes. It is also pertinent to note that ... leading evidence at the stage of trial.
7. It is a settled principle of law that pre-trial detention must be weighed
against the deprivation
