2024 (2) TMI 1024

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....Adv. Mrs. Sairica Raju, Adv. Mr. Chandra Prakash, Adv. Mr. Kanu Agrawal, Adv. Ms. Rukhmini Bobde, Adv ORDER 1. Leave granted. 2. This is one of the cases of non-application of mind by the Court, wherein the Special (CBI) Court no.1 (hereinafter referred to as the Special Court) though had not passed any order summoning the present appellant (accused No.10), on taking the cognizance of the offences under the Prevention of Money Laundering Act, 2002 (for short PMLA) vide order dated 07.12.2022, issued summons to the appellant in the Form prescribed under Section 61 CrPC. The appellant thereafter on his voluntarily surrendering before the said Court, had applied for bail, which came to be rejected by the Special Court vide the order dated ....

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....s not raised by the appellant before the High Court. Of course, he fairly submitted that there was no order passed by the Special Court issuing summons or warrant against the appellant, and that appellant had voluntarily appeared and surrendered before the Special Court. Mr. Raju pressing into service the provisions contained in Section 437 of the Cr.P.C. however submitted that the accused, even without issuance of summons or warrant from the Court, can appear and surrender before the Court and seek his release on bail. In the instant case, runs submission of Mr. Raju, even if summons was not issued, because the appellant had surrendered before the Court, his application seeking bail was considered under Section 437 Cr.P.C. and was rejected....

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....pellant, and still the summons was issued and served upon the appellant, pursuant to which he surrendered himself before the Court. We fail to understand as to how summons came to be issued when the Special Court had specifically mentioned in the above order that in respect of the other eleven accused necessary order for issuance of summons will be issued at a later stage. 8. In our opinion, the Court, while taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding, may issue summons for the attendance of the accused when the case appears to be a summons case, or may issue a warrant for causing the accused to be brought or to appear before the Court, when the case appears to be a warrant case under Se....