State Through Central Bureau Of Investigation vs Dawood Ibrahim Kaskar

Q: Key Points

Key Principle: A warrant of arrest under Section 73 of the CrPC may be issued by a court during investigation against a person accused of a non-bailable offence who is evading arrest, as the provision is of general application and enables the court to compel appearance before it (not solely for production before the police in aid of investigation). Upon production before the court pursuant to such warrant, the court exercises judicial discretion under Section 167 to decide on bail or custody (police or judicial), which cannot be granted as a matter of course merely on the investigating agency's request. [1000020880019] (!) (!) (!) [1000020880016][1000020880017]

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1997 Supreme(SC) 847

M.K.MUKHERJEE, B.N.KIRPAL, G.T.NANAVATI
State Through Central Bureau Of Investigation – Appellant
Versus
Dawood Ibrahim Kaskar – Respondent

Judgement Key Points

Key Principle: A warrant of arrest under Section 73 of the CrPC may be issued by a court during investigation against a person accused of a non-bailable offence who is evading arrest, as the provision is of general application and enables the court to compel appearance before it (not solely for production before the police in aid of investigation). Upon production before the court pursuant to such warrant, the court exercises judicial discretion under Section 167 to decide on bail or custody (police or judicial), which cannot be granted as a matter of course merely on the investigating agency's request. [1000020880019] (!) (!) (!) [1000020880016][1000020880017]

JUDGMENT

M.K. Mukherjee, J.-The principal question that is required to be answered in these appeals is when and under what circumstances a Court can invoke the provisions of Section 73 of the Code of Criminal Procedure, 1973 ( Code for short). The question arises in this way.

2. On March 12, 1993 a series of bomb explosions took place in and around the city of Bombay which resulted in the death of 257 persons, injuries to 713 persons and damage to properties worth Rs. 27 crores (approximately). Over the explosions 27 criminal cases were registered and on completion of investigation a composite charge-sheet was forwarded to the Designated Court, Greater Bombay on November 4, 1993 against 198 accused persons, showing 45 of them absconders, for commission of various offences punishable under the Indian Penal Code, the Terrorist and Disruptive Activities (Prevention) Act, 1987 ( TADA for short), Arms Act, 1959, Explosives Substances Act, 1908 and other Acts. On that charge-sheet the Designated Court took cognizance and the case registered thereon was numbered as B.B.C. (Bomb Blast Case) No. 1 of 1993.

3. A few days thereafter - on November 11, 1993 to be precise - the Government of Ind

Click Here to Read the rest of this document

1997 Supreme(SC) 847

M.K.MUKHERJEE, B.N.KIRPAL, G.T.NANAVATIState Through Central Bureau Of Investigation – AppellantVersusDawood Ibrahim Kaskar – Respondent

Cases Referred (2)

M.K.MUKHERJEE, B.N.KIRPAL, G.T.NANAVATI
State Through Central Bureau Of Investigation – Appellant
Versus
Dawood Ibrahim Kaskar – Respondent