Bail pending complaint where cognizance was set aside and fresh consideration remained pending, subject to strict conditions.

Where an earlier cognizance order had been set aside and no fresh cognizance order was then in force, continued custody was treated as unwarranted while the Special Court remained free to examine the complaint afresh, including the validity of the alleged sanction. On those peculiar facts, the accused was directed to be produced before the Special Court and was enlarged on bail pending the complaint, subject to stringent conditions to secure attendance and cooperation, including surrender of passport and an undertaking to cooperate with the proceedings.

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Issues: Whether the appellant, whose earlier cognizance order had been set aside and whose fresh cognizance request was still pending consideration before the Special Court, was entitled to be released on bail pending the complaint.

Analysis: The earlier order taking cognizance had been set aside, no fresh cognizance order was then in existence, and the respondent had only moved a fresh application before the Special Court relying on the sanction stated to have been granted. In these peculiar facts, continued custody was found unwarranted while the Special Court remained free to examine the complaint afresh, including the validity of the sanction, and to impose stringent conditions to secure attendance and cooperation.

Conclusion: The appellant was directed to be produced before the Special Court and was ordered to be enlarged on bail pending the complaint, subject to stringent conditions including surrender of passport and an undertaking to cooperate with the proceedings.

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