Bail on merits after cooperation with investigation and no arrest during inquiry, despite filing of the charge sheet in an economic offence.

Cooperation with investigation, absence of arrest during the inquiry, and filing of the charge sheet weighed against continued custody in an economic-offence case. The HC applied bail principles to hold that where the accused had appeared when called and the investigating officer had not considered arrest necessary during investigation, pre-trial detention was not justified merely because the charge sheet had been filed. Bail was granted on merits, with the court also noting that the trial was unlikely to conclude soon.

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Issues: Whether the applicant, who had cooperated with investigation and was not arrested during the investigation, was entitled to bail after filing of the charge sheet in an economic-offence case.

Analysis: The application was considered under the bail jurisdiction. The applicant had appeared before the investigating agency when called and had cooperated throughout the investigation. The charge sheet had already been filed, and the investigating officer had not found it necessary to arrest him during investigation. In these circumstances, and in the light of the principle that filing of the charge sheet by itself does not justify arrest where none was required during investigation, continued custody pending trial was not considered necessary, especially when the trial was unlikely to conclude soon.

Conclusion: The applicant was held entitled to bail, and the bail application was allowed.

Ratio Decidendi: Where an accused has cooperated with investigation, was not arrested during investigation, and the charge sheet is filed, custody pending trial is not warranted merely because the case involves an economic offence; bail must be considered on merits.

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