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Synopsis

The Supreme Court has said that if the accused has not been arrested during the investigation, and once the investigation is over and charge sheet is filed then the accused should be asked to appear before the court concerned and should furnish bail to the satisfaction of the trial court.

A bench of Justices J B Pardiwala and R Mahadevan allowed anticipatory bail to Musheer Alam in a case related to disproportionate assets case.

The petitioner was denied anticipatory bail by the Allahabad High Court in connection with the case, which after the filing of the charge sheet culminated in a Sessions Case for the offence punishable under Sections 13(1) (e) read with 13(2) of the Prevention of Corruption Act, 1988.

"It appears from the materials on record that a First Information Report came to be lodged at the Kotwali Police Station, district Barabanki for the offence. It is the case of the prosecution that the check period between 2002 and 31-5-2009 revealed that the petitioner herein had assets disproportionate to the tune of Rs 1,50,41,908 to the known sources of his income," the bench noted.

In such circumstances, the Anti Corruption Department, Ayodhya, Faizabad, UP decided to proceed against the petitioner.

While the investigation was in progress, the Investigating officer did not deem it fit to arrest the petitioner. The CBI Court then took cognizance and issued summons to the petitioner to appear.

The counsel appearing for the petitioner submitted there is a practice in the State of Uttar Pradesh that arrest is effected after the charge-sheet is filed and the Court takes cognizance of the charge-sheet.

"We do not propose to say anything as regards in this unusual practice except that it makes no sense," the bench, however, said.

The court opined that once the investigation is over and charge-sheet is filed then the accused should be asked to appear before the Court concerned and should furnish bail to the satisfaction of the trial court.

"If at all, the Investigating Officer wanted to interrogate the petitioner, he could have arrested him during the course of the investigation itself. Now there is no point in making a formal arrest. In such circumstances, we order that the petitioner herein shall appear before the CBI Court, Gorakhpur and furnish bail to the satisfaction of the Court," the bench ordered.

The court thus disposed of the petition.

Case Title: Musheer Alam Vs The State of Uttar Pradesh & Anr