Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Denial by High Court—Special leave petition—Case registered under Sections 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act—Investigation is over and charge-sheet has been filed in the CBI Court—While the investigation was in progress, the investigating officer did not deem fit to arrest the petitioner—CBI court has taken cognizance and has issued summons to petitioner to appear—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 investigation itself—Now there is no point in making a formal arrest—Petitioner ordered to appear before the CBI Court and furnish bail to the satisfaction of the court.
[Paras 5 to 11]