The Supreme Court has issued guidelines on the aspect of
The Supreme Court has issued guidelines on the aspect of the grant of bail to accused who are not arrested during the investigation on charge sheet being filed.
Satender Kumar Antil v. CBI
The Bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh accepted the suggestions made by Additional Solicitor General SV Raja and Senior Advocate Sidharth Luthra.
In terms of the suggestions, the offences have been categorized and guidelines are sought to be laid down for grant of bail when the accused is not arrested during the investigation on the charge sheet being filed.
The requisite conditions for this guideline to apply are:
(1) Not arrested during the investigation.
(2) Cooperated throughout in the investigation including appearing before Investigating Officer whenever called.
Categories/Types of Offences
Category (A) Offences punishable with imprisonment of 7 years or less not falling in category B & D. After filing of chargesheet/complaint taking of cognizance
a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.
b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure to appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.
Category (B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years. Economic offences not covered by Special Acts are Category (D) For these offences, on appearance of the accused in Court pursuant to process issued bail application to be decided on merits.
Category (C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc. Same guidelines as Category B & D with the additional condition of compliance of the provisions of Bail under NDPS S. 37, 45 PMLA, 212(6) Companies Act 43 d(5) of UAPA, POSCO etc.
The Bench also accepted that while issuing notice to consider bail, the trial Court is not precluded from granting interim bail taking into consideration the conduct of the accused during the investigation which has not warranted arrest.
