MAHDOOM BAVA VS. CENTRAL BUREAU OF INVESTIGATION
Dated : 20 March 2023
The supreme Court has held that in some part of the country trial Court follow the practise of remanding the accused when they appeared in the response of some summoning order. Therefore, accused your persons apprehend arrest even in cases then their investigating agencies are not seeking their custody. The Double bench observed that the practice followed by court to remand, the accused to custody, the moment they appear in response to the summoning order has to be tested in appropriate case. The bench made this observation while granting anticipatory bail to an accused. Although the CBI was not seeking custody, the accused apprehending arrest at the behest of trial Court.
Para 10. More importantly, the appellants apprehend arrest, not at the behest of the CBI but at the behest of the Trial Court. This is for the reason that in some parts of the country, there seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. Suffice for the present to note that it is not the CBI which is seeking their custody, but the appellants apprehend that they may be remanded to custody by the Trial Court and this is why they seek protection. We must keep this in mind while deciding the fate of these appeals.