2024 Supreme(Online)(SC) 2648
SUPREME COURT OF INDIA
TARSEM LAL – Appellant
Versus
DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE – Respondent
Crl.A. No.-002608-002608 - 2024
The court set aside the denial of anticipatory bail and cancelled warrants against the appellants, contingent upon their compliance with specified conditions.
Headnote:(A) Code of Criminal Procedure, 1973 - Sections 205 and 88 - Anticipatory bail - The court set aside the orders declining anticipatory bail and cancelled warrants against the appellants, subject to conditions of appearance and bond filing - The warrants will not be executed for one month to allow compliance. (Paras a, b, c, d)
(B) Conditions for cancellation of warrants - The appellants must appear before the Special Court and file an undertaking to appear regularly, failing which warrants may be reissued. (Paras b, d)
(C) Necessity of compliance - The court clarified that the cancellation of warrants is contingent upon the appellants fulfilling the specified conditions within the stipulated time. (Paras c, e)
Facts of the case:
The appellants sought anticipatory bail, which was denied, leading to the issuance of warrants against them. The court intervened to set aside these orders under specified conditions.
Findings of Court:
The court allowed the appeals, cancelling the warrants on the condition that the appellants comply with the requirements set forth.
Issues: The main issue was whether the appellants could be granted anticipatory bail and the conditions under which warrants could be cancelled.
Ratio Decidendi: The court emphasized the importance of compliance with the conditions for the cancellation of warrants and the necessity of regular appearance before the Special Court.
Result: Appeals allowed.
ORDERa) We set aside the impugned orders declining to grant anticipatory bail;
b) We direct that warrants issued by the Special Courts against the appellants shall stand cancelled subject to the following conditions:
The appellants shall appear before the concerned Special Court within one month from today and shall file an undertaking before the Special Court that they shall regularly and punctually appear before the Special Court on the dates fixed unless their appearance is specifically exempted by the exercise of powers under Section 205 of the CrPC; and ii.
The appellants shall furnish bonds in accordance with Section 88 of the CrPC to the satisfaction of the Special Court within one month from today.
c) It is necessary to clarify that the warrants issued against the appellants shall be cancelled only if they make compliance as aforesaid within one month from today. To enable them to do so, the warrants shall not be executed against them for a period of one month from today;
d) On the failure of the appellants to appear before the Special Court and to file undertakings and bonds within one month from today, it will be open for the Special Courts to issue warrants against the appellants; and e) After the warrants issued against the appellants are cancelled, the apprehension that they may be arrested will not survive. Hence, in view of what we have held in this judgment, it is unnecessary to consider the prayer for the grant of anticipatory bail.
26. The appeals are allowed on the above terms.
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