"Arrest made after 4 years": Why Bombay High Court granted interim bail to Chanda Kochhar, Deepak Kochhar [READ ORDER]

The Bombay High Court Monday said that the order passed by lower court remanding former Managing Director and Chief Executive Officer (CEO) of ICICI Bank Chanda Kochhar and her husband Deepak Kochhar to custody did not satisfy provisions of arrest under Code of Criminal Procedure (CrPC). .A bench of Justices Revati Mohite Dere and PK Chavan observed that the grounds stated in the identical arrest memos of the Kochhars did not record any specific grounds for arrest as mandated by Section 41 of CrPC. "Nothing specific has been noted/set-out therein, as mandated by Section 41(1)(b) (ii) (a) to (e). The only reason mentioned is that the petitioners have not co-operated and not given true and correct disclosure. The same cannot be a ground for arrest. The ground for arresting the petitioners as stated in the arrest memos, is unacceptable and is contrary to the ground(s) on which a person can be arrested. `Not disclosing true and correct facts’ cannot be a reason, inasmuch as, the right against self incrimination is provided for in Article 20(3) of the Constitution," the High Court stated. .The Court further said that merely because an arrest could be made because it is lawful, does not mean that arrest must be made."It is further observed that if arrests are made in a routine manner, it could cause incalculable harm to the reputation and self-esteem of a person and that presumption of innocence is a facet of Article 21, which would enure to the benefit of an accused," the bench heldThe case against Kochhars was registered on January 22, 2019 and they were arrested on December 23, 2022.The bench specifically highlighted that the arrest memos failed to show why the arrest was required after four years of registration of FIR. "What was the reason to arrest the petitioners after four years is not spelt out in the arrest memos, as mandated by Section 41(1)(b)(ii) CrPC. The reason given in the arrest memos to arrest the petitioners, having regard to the facts as stated aforesaid, appears to us, to be casual, mechanical and perfunctory, clearly without application of mind", the Court said. .In the 49-page order, the Court reiterated that the concerned magistrate is duty bound not to authorise further detention of the accused and release the accused immediately."A perusal of the remand order passed by the learned Special Judge, Mumbai, does not record the satisfaction as required to be given for authorising the detention of the petitioners with the CBI," the Court held. .[Read order]