https://www.taxtmi.com/caselaws?id=412949 When an accused was not arrested during investigation and custody was not found necessary, filing of the charge sheet did not by itself justify taking the accused into custody or refusing bail. The Magistrate should ordinarily accept the charge sheet and proceed under Section 173 of the Code of Criminal Procedure, with summons as the normal course; a warrant may issue only for recorded reasons under Section 87. In a non-bailable matter, prior non-arrest during investigation is a substantial factor favouring bail. The accused was therefore entitled to bail and could not be detained merely because the charge sheet had been filed. en-us Thu, 02 Sep 2021 00:00:00 +0530 Fri, 01 Oct 2021 08:33:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412949 When an accused was not arrested during investigation and custody was not found necessary, filing of the charge sheet did not by itself justify taking the accused into custody or refusing bail. The Magistrate should ordinarily accept the charge sheet and proceed under Section 173 of the Code of Criminal Procedure, with summons as the normal course; a warrant may issue only for recorded reasons under Section 87. In a non-bailable matter, prior non-arrest during investigation is a substantial factor favouring bail. The accused was therefore entitled to bail and could not be detained merely because the charge sheet had been filed. Case-Laws Indian Laws Thu, 02 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412949