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    <title>2022 (12) TMI 124 - GAUHATI HIGH COURT</title>
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    <description>Non-compliance with the mandatory arrest safeguards in Sections 41 and 41A CrPC can justify bail where continued custody is unwarranted. The Gauhati High Court noted that the arresting authority had not recorded reasons demonstrating compliance, and the explanation for that omission was unsatisfactory. Considering the period of detention, the stage of investigation, and the nature of the allegations under the Prevention of Corruption Act and IPC, further custodial detention was found unnecessary. The accused was therefore held entitled to bail on furnishing the prescribed bond and sureties.</description>
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      <link>https://www.taxtmi.com/caselaws?id=431007</link>
      <description>Non-compliance with the mandatory arrest safeguards in Sections 41 and 41A CrPC can justify bail where continued custody is unwarranted. The Gauhati High Court noted that the arresting authority had not recorded reasons demonstrating compliance, and the explanation for that omission was unsatisfactory. Considering the period of detention, the stage of investigation, and the nature of the allegations under the Prevention of Corruption Act and IPC, further custodial detention was found unnecessary. The accused was therefore held entitled to bail on furnishing the prescribed bond and sureties.</description>
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