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Aman Preet Singh – Appellant
Versus
C. B. I. Through Director – Respondent
The conclusion of the legal document emphasizes that when a charge sheet has been filed and the investigation did not require custodial interrogation, the accused should not be arbitrarily detained or sent to jail solely because the charge sheet has been submitted. Instead, the accused is entitled to be released on bail, especially if they were not taken into custody during investigation. The court underscores the importance of issuing summons rather than warrants of arrest in such circumstances, and if warrants are issued, proper reasons must be recorded. The document advocates for the protection of the accused's liberty and encourages courts to facilitate their release on bail, considering the circumstances of the case. Additionally, it highlights the need for judicial consistency and the dissemination of relevant judgments to prevent endemic procedural issues at the trial court level. Overall, the emphasis is on ensuring that the principles of bail are adhered to, and that the procedural safeguards are maintained to prevent unnecessary detention of accused persons who do not require custody during investigation.
ORDER :
1. Leave granted.
2. This is one more case based on a misconception and misunderstanding of Section 170, Cr.P.C.!
3. An FIR No. RC16/S/2014, dated 05.06.2014, at PS, CBI/SCB/SPE, Kolkata was registered and during the investigation, the appellant before us had joined the investigation. The appellant approached this Court out of proceedings arising in respect of the plea seeking grant of anticipatory bail in Criminal Appeal No. 468/2021 which was disposed of on 06.05.2021. The said order reads as under :
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 makes it clear that custodial interrogation of the appellant was not required during investigation a
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