Criminal Procedure Code, 1973
Section 437—Bail—Cognizance of offences taken under the PMLA—Court, while taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding, may issue summons for the attendance of the accused when the case appears to be a summons case, or may issue a warrant for causing the accused to be brought or to appear before the Court, when the case appears to be a warrant case under Section 204 of CrPC—When any person accused of or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of the police station or appears or is brought before the Court other than the High Court or Court of Session, he could be released by the Court on bail under 437 of CrPC—Since there was no order passed by the Special Court for issuance of the summons or warrant, the application of the appellant seeking bail could not have been entertained—Basic flaw found in the proceedings conducted before the Special Court—Section 437 of CrPC 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 CrPC, the summons could not have been issued or served upon the appellant nor he could have been arrested or taken into custody—Appellant-accused 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—Appellant directed to be released on bail on the terms and conditions that may be imposed by the Special Court—Appeal allowed.
[Paras 8 to 13]