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Issues: Whether an accused who was not arrested during investigation and against whom the charge sheet has been filed can be directed to be taken into custody or denied bail merely because the charge sheet is filed.
Analysis: Section 170 of the Code of Criminal Procedure is concerned with the forwarding of an accused to the Magistrate when the investigating agency considers it necessary. Where the accused was not arrested during investigation and custody was not required, the Magistrate is to accept the charge sheet and proceed in accordance with Section 173. The normal course in such a situation is issuance of summons, not a warrant of arrest. If a warrant is to be issued, reasons must be recorded under Section 87. In a non-bailable case, the circumstance that the accused was not arrested during investigation is a relevant and substantial ground in favour of bail. The filing of the charge sheet by itself does not justify incarceration after years of freedom.
Conclusion: The accused was entitled to bail and could not be directed to be taken into custody merely because the charge sheet had been filed.
Final Conclusion: The appeal succeeded, the accused was protected against arrest until the trial court passed an appropriate order on bail, and the trial court was expected to grant bail on suitable terms.
Ratio Decidendi: When an accused has not been arrested during investigation and custody was not required, filing of the charge sheet does not by itself justify arrest or refusal of bail; the ordinary course is acceptance of the charge sheet and issuance of summons, with arrest warrant only for recorded reasons.
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