Saturday, April 20, 2024
HomeLawSupreme Court flags practice of trial courts remanding accused to custody the...

Supreme Court flags practice of trial courts remanding accused to custody the moment they appear in response to summoning order

The observation came in a judgment granting anticipatory bail filed to four persons accused of forgery.

appeal of four forgery-accused against an Allahabad High Court order refusing them anticipatory bail.

The top court noted that though the complaint was lodged in 2019 none of the accused was ever taken into custody.

All the accused joined the investigation and cooperated with the Central Bureau of Investigation (CBI), which after the completion of investigation, filed the final report on December 31, 2021.

Further, the Central Bureau of Investigation (CBI) before the High Court had only asked for their presence and not arrest during the trial.

After the CBI filed the final report, the special court issued summons for the appearance of the accused on March 7, 2022.

Therefore, apprehending arrest, the appellants moved applications for anticipatory bail. The applications were rejected by the special court and the rejection order was also confirmed by the High Court.

This led to the appeal before the Supreme Court.

Source: Barandbench

RELATED ARTICLES
- Advertisment -

Most Popular

Recent Comments