Home Case Index All Cases Money Laundering Money Laundering + SCH Money Laundering - 2024 (2) TMI SCH This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 1024 - SC ORDERGrant of bail - Money Laundering - summons was issued and served upon the appellant, pursuant to which he surrendered himself before the Court - HELD THAT:- In the instant case though there was no order passed by the Special Court for issuance of summons or warrant against the appellant, a summons under Section 61 came to be issued on 22.12.2022 requiring the appellant to appear before the Special Court on 07.01.2023. The appellant appeared before the Special Court and applied for his release on bail. Since there was no order passed by the Special Court for issuance of the summons or warrant, in our opinion, the application of the appellant seeking bail could not have been entertained. There was a basic flaw in the proceedings conducted before the Special Court. 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. 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 - Appeal allowed.
|