Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Souvik Bhattacharya v. Enforcement Directorate Kolkata Zonal Office heard the appeal against the decision of High Court which dismissed the appeal of appellant who voluntarily surrendered.

What was the Background of Vasantha (Dead) Thr. LR V. Rajalakshmi @ Rajam (Dead) Thr.Lrs. Case?

• The Special Court, in a case under the Prevention of Money Laundering Act, 2002, (PMLA) issued summons to the appellant (accused No.10) without having previously summoned him, after taking cognizance of the offences via an order dated 7^th December 2022.
• The appellant voluntarily surrendered and sought bail, which was denied by the Special Court on 22^nd January 2023.
• The appellant appealed this decision to the HC, but the appeal was dismissed on 18^th October 2023.
  • Displeased with the outcome, the appellant appealed to the SC.

What was the Court’s Observation?

• The court held that in absence of any order summoning the appellant, the appellant could not have been taken into custody, even if the cognizance of the offence was taken against him. The SC allowed the appeal.

What is Legal Provision Involved in the Case?

• About:
  • 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 a police station or appears or is brought before a Court other than the HC or Court of Session, he may be released on bail under Section 437 of the Code of Criminal Procedure, 1973 (CrPC).
  • Section 437 of the CrPC pertains to the authority vested in the trial court and the Magistrate to decide whether to grant bail or not to individuals accused of, or suspected of committing, non-bailable offences when they are brought by the police or surrender or appear voluntarily.