Magistrate is required to invariably issue process of summons while accepting charge sheet: Supreme Court

Read Order: Aman Preet Singh vs. CBI

Pankaj Bajpai

New Delhi, September 6, 2021: The Supreme Court has observed that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail.

The observation came pursuant to an application for regular bail, sought by the appellant, who was arrested under non-bailable warrants being charge-sheeted for Economic Offences.  

After considering the arguments, the Division Bench found that the Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge sheet forthwith and proceed in accordance with the procedure laid down u/s 173 of CrPC.

The Top Court said that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest.

In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated u/s 87 of Cr.P.C., that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him, added the Division Bench of Justice Sanjay Kishan Kaul and Justice M.M Sundresh.

Therefore, in order to prevent situations of the kind which have arisen and repeatedly arise, the Top Court highlighted that it would be appropriate for the High Courts to circulate the judgments passed in Siddharth vs. State of Uttar Pradesh & Anr, as the problem appear to be endemic.