SOUVIK BHATTACHARYA Vs ENFORCEMENT DIRECTORATE, SC as on Dated 16 February 2024
In the recent judgement by the double bench of Hon’ble judges of Supreme court of India , It was mentioned that As such Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court. In absence of any order for issuance of summons or warrant under Section 204 or under any other provision of Cr.P.C., the summons could not have been issued or served upon the appellant nor he could have been arrested or taken into custody. The appellant-accused also appears to have filed the bail application before the Special Court under the misconception of fact and misconception of law, which application came to be dismissed by the Special Court. Though the said issue was not specifically raised by the appellant before the High Court, the said question being the question of law, we have permitted the counsel for the appellant to be raised in the instant appeal. The appellant – accused No.10 is directed to be released on bail on the terms and conditions that may be imposed by the Special Court.
