Well, the SC identified that it cannot be favourable that why a person who was not arrested during the investigation, on charge sheet being also filed by the police, be then sent to any custody when he appears on the receipt of summons?
The bench of Justice Sanjay Kishan Kaul and Hrishikesh Roy mentioned that the law should make some principles regarding the same issue.
The facts of the case are that the appellant accused contended that he had the investigation by the police but at that time he was not arrested.
And when the Charge sheet was been filed by the police, he sought anticipatory bail which was too rejected by the HC.
When the Special Leave Petition was filed against the HC order, the SC bench asked the accused council that why did he had not appeared for the summons that was sent in pursuance of cognizable being taken.
The bench mentioned that he must have sought regular bail and there is no ground for the Anticipatory bail application at that stage of time.
In response to the bench, the council told that this system is being followed especially in the State of Uttar Pradesh, that even if such person is not arrested in course of investigation but in such case of CBI, a person can be sent to custody.
At last, the court stayed the execution of a non-bailable warrant and directed not to arrest the accused.
