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Issues: (i) Whether the appellant's arrest by the CBI was illegal for non-compliance with the requirements of Section 41A and Section 41(1)(b)(ii) of the Code of Criminal Procedure, 1973; (ii) Whether the appellant was entitled to regular bail notwithstanding the legality of arrest; (iii) Whether filing of the chargesheet required the appellant to be relegated to the Trial Court for regular bail.
Issue (i): Whether the appellant's arrest by the CBI was illegal for non-compliance with the requirements of Section 41A and Section 41(1)(b)(ii) of the Code of Criminal Procedure, 1973.
Analysis: Section 41A is intended to secure the presence of a person when arrest is not immediately warranted, but the provision does not prescribe a separate notice mechanism for a person already in judicial custody. Prior permission of the competent court for interrogation and subsequent arrest in another case satisfied the procedural object of the provision. The Court further held that Section 41(1)(b)(ii) did not govern the situation where arrest had already been authorised by the court, since the police officer was not acting without a warrant or court order. The reasons for arrest were recorded in the CBI's application and arrest memo, and the arrest was supported by judicial approval.
Conclusion: The arrest was not illegal on the pleaded procedural grounds and the challenge to arrest failed.
Issue (ii): Whether the appellant was entitled to regular bail notwithstanding the legality of arrest.
Analysis: The Court applied the settled principles that bail concerns personal liberty, prolonged pre-trial incarceration cannot be justified where trial is unlikely to conclude soon, and the court must balance liberty against the risk of flight, tampering, or witness intimidation. The material was already in the prosecution's possession, the appellant had roots in society, and the apprehensions of absconding or tampering could be addressed by conditions. The Court held that the appellant satisfied the relevant bail considerations.
Conclusion: Regular bail was warranted and the appellant was entitled to release on bail.
Issue (iii): Whether filing of the chargesheet required the appellant to be relegated to the Trial Court for regular bail.
Analysis: While an accused will ordinarily first approach the Trial Court after filing of the chargesheet, there is no inflexible rule that filing of the chargesheet automatically compels relegation. Since the High Court had already issued notice, heard the matter on merits, and reserved judgment, sending the appellant back to the Trial Court would have delayed adjudication and subordinated liberty to procedure. The Court therefore declined to relegate the appellant.
Conclusion: Filing of the chargesheet did not require relegation to the Trial Court in the facts of the case.
Final Conclusion: The arrest challenge was rejected, but the appellant was ordered to be released on bail and the High Court's order declining bail was set aside. The separate and concurrent jurisdiction point did not justify further procedural delay.
Concurring Opinion: Justice Ujjal Bhuyan concurred in the grant of bail but expressed the view that the arrest was belated and the timing of custody was suspect, though the final relief remained unchanged.
Ratio Decidendi: Where the accused is already in judicial custody, prior court permission for interrogation and arrest in another case may satisfy the procedural purpose of Section 41A, and once the court has considered the bail plea on merits, filing of a chargesheet does not inexorably require relegation to the Trial Court if doing so would unduly prolong pre-trial incarceration.
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