TaxTMI 
TaxTMI 
2021 (10) TMI 1
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....t of anticipatory bail in Criminal Appeal No. 468/2021 which was disposed of on 06.05.2021. The said order reads as under: xxxxx It cannot be disputed that the prosecution did not seek the interrogation of the Appellant on or before filing of the charge sheet. Charge sheet has been filed. This being the position, learned Counsel for the Appellant confines the relief only to appear before the Trial Court and apply for regular bail and he be not arrested in that period of time. In the given factual situation, we grant protection to the Appellant for a period of 8 weeks, within which he may apply for regular bail before the Trial Court and obtain necessary orders. xxxxxx 4. A reading of the aforesaid thus....
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....y in the then prevalent scenario and as and when physical Courts start working, the proceedings would be attended physically. 6. It is not in dispute that the Appellant had thereafter joined the proceedings physically as proceedings in the Court commenced accordingly. 7. Learned Counsel for the Appellant has brought to our attention to the proceedings recorded on 26.08.2021 before the Magistrate to submit that the highhandedness of the Respondent is apparent from the fact that the public prosecutor, despite these orders from this Court, sought to plead that the Appellant had not been allowed any bail, non bailable warrants had been issued against him, the direction of this Court for the Appellant not to be arrested did not mean that h....
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.... bail. The only additional submission made by learned Counsel is that while the relevant paragraphs of the judgment of the Delhi High Court in Court on its own Motion v. Central Bureau of Investigation (2004) 72 DRJ 629 have received the imprimatur of this Court, the extracted portions from the judgment of the Delhi High Court did not include para 26. The said paragraph deals with directions issued to the criminal Courts and we would like to extract the portion of the same as under: 26. Arrest of a person for less serious or such kinds of offence or offences those can be investigated without arrest by the police cannot be brooked by any civilized society. Directions for Criminal Courts: (i) Whenever officer-in-charge of polic....
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....e offence release him forthwith on his furnishing a personal bond with or without sureties as per the mandatory provisions of Section 436, Code of Criminal Procedure (v) The Court shall on appearance of an Accused in non-bailable offence who has neither been arrested by the police/Investigating Agency during investigation nor produced in custody as envisaged in Section 170, Code of Criminal Procedure call upon the Accused to move a bail application if the Accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason is simple. If a person has been at large and fre....
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.... not required during the period of investigation. In such a scenario, it is appropriate that the Accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this. 12. If we may say, the observation hereinabove would supplement our observations made in Siddharth v. Sta....