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SATENDER KUMAR ANTIL – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates:
AKBAR SIDDIQUE

Judgement Key Points

This Supreme Court order arises from a criminal special leave petition filed by Satender Kumar Antil against the Central Bureau of Investigation and another, challenging a High Court order denying bail.[first part] (!) The court allowed an intervention application. (!) After hearing submissions, including suggestions from the Additional Solicitor General, the court adopted and incorporated guidelines into the order to assist lower courts in bail matters, without restricting judicial discretion or overriding statutes. (!) (!) (!) (!)

Offences are categorized as follows:
- Category A: Punishable with 7 years' imprisonment or less, excluding Categories B and D. (!)
- Category B: Punishable with death, life imprisonment, or over 7 years. (!)
- Category C: Under special acts with strict bail provisions (e.g., NDPS, PMLA, UAPA). (!)
- Category D: Economic offences outside special acts. (!)

Guidelines apply to cooperative accused who were not arrested during investigation and appeared before the investigating officer as required (no need to produce such accused with chargesheet).[1][2] (!) (!)

Category A (post-chargesheet/cognizance): Issue ordinary summons (including via lawyer); bailable warrant if no appearance; NBW if non-compliance; NBW cancellable pre-execution with undertaking for future appearance; bail applications decidable without custody or with interim bail. (!) (!) (!) (!) (!)

Categories B/D: Bail decided on merits upon appearance. (!)

Category C: Same as B/D, plus compliance with special statutory bail conditions. (!)

Trial and High Courts must consider these guidelines, except where accused failed to cooperate, necessitating custody for investigation/trial. (!) Courts may grant interim bail when noticing bail applications, based on investigative conduct. (!) For economic offences (Category D), weigh charge seriousness against punishment severity. (!) (!) (!)

The SLP was disposed of; order to be circulated to High Court Registrars for trial courts. (!) (!) Pending applications disposed. (!)


O R D E R

Application for intervention is allowed.

We have been provided assistance both by Mr. S.V. Raju, learned Additional Solicitor General and Mr. Sidharth Luthra, learned senior counsel and there is broad unanimity in terms of the suggestions made by learned ASG. In terms of the suggestions, the offences have been categorized and guidelines are sought to be laid down for grant of bail, without fettering the discretion of the courts concerned and keeping in mind the statutory provisions.

We are inclined to accept the guidelines and make them a part of the order of the Court for the benefit of the Courts below. The guidelines are as under :

Categories/Types of Offences A) Offences punishable with imprisonment of 7 years or less not falling in category B & D.

B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.

C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.

D) Economic offences not covered by Special Acts.

REQUISITE CONDITIONS

1) Not arrested during investigation.

2) Cooperated throughout in the investigation including appearing before

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