Arrest warrant cancellation after charge-sheet: continued custody was unnecessary where the accused had cooperated in investigation.

Where an accused had cooperated throughout the investigation and the charge-sheet had already been filed, continued arrest on the ground of absence at the time of filing was treated as unnecessary and serving no useful purpose. The Madhya Pradesh High Court therefore set aside the rejection of the application for cancellation of the arrest warrant under Section 70(2) CrPC and quashed the warrant, while directing compliance by the accused through appearance before the Trial Court and furnishing a bail bond within the stipulated time.

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Issues: Whether rejection of the application for cancellation of the arrest warrant under Section 70(2) of the Code of Criminal Procedure, 1973 was justified when the accused had cooperated in the investigation and the charge-sheet had already been filed.

Analysis: The record showed that the accused had cooperated throughout the investigation, which had culminated in filing of the charge-sheet. In such circumstances, the need to arrest the accused merely because he was absent at the time of filing of the charge-sheet was treated as unnecessary, and arrest was considered to serve no useful purpose.

Conclusion: The rejection of the application for cancellation of the arrest warrant was set aside to that extent, and the warrant was quashed, subject to the accused appearing and furnishing bail bond before the Trial Court within the stipulated time.

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