SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(SC)-2022-7-48
SUPREME COURT OF INDIA
Decided on July 11,2022

Satender Kumar Antil Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents


Referred Judgements :-

R. V. ST-CLOUD [REFERRED TO]
HER MAJESTY THE QUEEN V. KEVIN ANTIC [REFERRED TO]
COREY LEE JAMES MYERS V. HER MAJESTY THE QUEEN [REFERRED TO]
NAGENDRA NATH CHAKRAVARTI,IN RE [REFERRED TO]
S. KASI V. STATE [REFERRED TO]
SIDDHARTH V. STATE OF U.P [REFERRED TO]
H.M. BOUDVILLE V. EMPEROR [REFERRED TO]
MAHAMMED EUSOOF V. EMPEROR [REFERRED TO]
KASHMIRA SINGH VS. STATE OF PUNJAB [REFERRED TO]
GUDIKANTT NARASIMHULU VS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH [REFERRED TO]
GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
MOTI RAM VS. STATE OF MADHYA PRADESH [REFERRED TO]
HUSSAINARA KHATOON 1 VS. HOME SECRETARY STATE OF BIHAR [REFERRED TO]
HUSSAINARAKHATOON IV VS. HOME SECRETARY STATE OF BIHAR PATNA [REFERRED TO]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
KADRA PAHADIYA VS. STATE OF BIHAR [REFERRED TO]
RAGHUBIR SINGH SIMRANJIT SINGH MANN VS. STATE OF BIHAR [REFERRED TO]
ABDUL REHMAN ANTULAY VS. R S NAYAK [REFERRED TO]
KARTAR SINGH KRIPA SHANKAR RAI VS. STATE OF PUNJAB [REFERRED TO]
JOGINDER KUMAR VS. STATE OF UTTAR PRADESH [REFERRED TO]
SUPREME COURT LEGAL AID COMMITTEE REPRESENTING UNDERTRIAL PRISONERS VS. UNION OF INDIA [REFERRED TO]
HUSSAINARA KHATOON VII RAHIMMALLA VS. HOME SECRETARY BIHAR:HOME SECRETARY GOVERNMENT OF JANDK [REFERRED TO]
AKHTARI BI VS. STATE OF MADHYA PRADESH [REFERRED TO]
PRAHLAD SINGH BHATI VS. N C T DELHI [REFERRED TO]
UDAY MOHANLAL ACHARYA VS. STATE OF MAHARASHTRA [REFERRED TO]
EX CAPT HARISH UPPAL VS. UNION OF INDIA [REFERRED TO]
SURINDER SINGH ALIAS SHINGARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
INDER MOHAN GOSWAMI VS. STATE OF UTTARANCHAL [REFERRED TO]
ANGANA VS. STATE OF RAJASTHAN [REFERRED TO]
SANJAY CHANDRA VS. CBI [REFERRED TO]
IMTIYAZ AHMAD VS. STATE OF UTTAR PRADESH [REFERRED TO]
COURT ON ITS OWN MOTION VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
DEENDAYAL KISHANCHAND VS. STATE OF GUJARAT [REFERRED TO]
SATYAN VS. STATE [REFERRED TO]
K N JOGLEKAR VS. EMPEROR [REFERRED TO]
EMPEROR VS. HLHUTCHINSON [REFERRED TO]
THANA SINGH VS. CENTRAL BUREAU OF NARCOTICS [REFERRED TO]
NOOR MOHAMMED VS. JETHANAND [REFERRED TO]
TULARAM VS. KING-EMPERORT [REFERRED TO]
ARNESH KUMAR VS. STATE OF BIHAR [REFERRED TO]
ATUL TRIPATHI VS. STATE OF U.P. [REFERRED TO]
SUNIL KUMAR VS. VIPIN KUMAR [REFERRED TO]
BHIM SINGH VS. UNION OF INDIA (UOI) [REFERRED TO]
HUSSAIN AND ANOTHER VS. UNION OF INDIA [REFERRED TO]
RAKESH KUMAR PAUL VS. STATE OF ASSAM [REFERRED TO]
NIKESH TARACHAND SHAH VS. UNION OF INDIA & ANR. [REFERRED TO]
PANKAJ JAIN VS. UNION OF INDIA & ANR. [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE [REFERRED TO]
P. CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT [REFERRED TO]
M. RAVINDRAN VS. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [REFERRED TO]
ARNAB MANORANJAN GOSWAMI VS. STATE OF MAHARASHTRA [REFERRED TO]
UNION OF INDIA VS. K.A.NAJEEB [REFERRED TO]



Cited Judgements :-

RAHUL S/O. KAMALKUMAR JAIN VS. DIRECTOR GENERAL OF GOODS AND SERVICE TAX INTELLIGENCE [LAWS(BOM)-2024-1-68] [REFERRED TO]
ANUBRATA MONDAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(CAL)-2023-1-111] [REFERRED TO]
RAJNIKANT TIWARI VS. DIRECTORATE OF ENFORCEMENT [LAWS(CHH)-2023-11-14] [REFERRED TO]
PAWAN VS. STATE (CBI) [LAWS(DLH)-2023-1-213] [REFERRED TO]
PETER GRAHAM WOLLEDGE VS. NARCOTIC CONTROL BUREAU [LAWS(DLH)-2023-1-215] [REFERRED TO]
AJAY YADAV VS. STATE NCT OF DELHI [LAWS(DLH)-2023-1-381] [REFERRED TO]
DPS RATHORE VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2023-2-209] [REFERRED TO]
AJAY KHERA VS. STATE OF GNCTD [LAWS(DLH)-2023-4-105] [REFERRED TO]
DIRECTORATE OF ENFORCEMENT VS. SH. DEV INDER BHALLA [LAWS(DLH)-2023-10-66] [REFERRED TO]
MOHD IRFAN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2023-8-134] [REFERRED TO]
DIRECTORATE OF ENFORCEMENT VS. ARVIND KEJRIWAL [LAWS(DLH)-2024-6-8] [REFERRED TO]
SUJAY UDAY DESAI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(ALL)-2022-9-58] [REFERRED TO]
KAPIL WADHAWAN VS. STATE OF U.P. [LAWS(ALL)-2023-4-27] [REFERRED TO]
SUMIT AWASTHI VS. STATE OF U. P. [LAWS(ALL)-2023-5-221] [REFERRED TO]
MOHAMMAD UBAID VS. STATE OF U. P. [LAWS(ALL)-2023-8-86] [REFERRED TO]
HEMAL BHARATBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-36] [REFERRED TO]
MANISHBHAI ASHOKBHAI SOLANKI VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-14] [REFERRED TO]
MOHSIN VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-164] [REFERRED TO]
NILESHBHAI CHHAGANBHAI MAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2024-5-28] [REFERRED TO]
S.N. YOGAPRIYANGAA VS. SUB INSPECTOR OF POLICE [LAWS(MAD)-2023-7-11] [REFERRED TO]
BARAKATHULLAH VS. UNION OF INDIA [LAWS(MAD)-2023-10-106] [REFERRED TO]
SELVIN ABRAHAM VS. STATE OF KERALA [LAWS(KER)-2023-6-59] [REFERRED TO]
ABHISHEK JHA VS. DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA [LAWS(JHAR)-2023-5-110] [REFERRED TO]
AKSHAY @ AJEESH @ ANATHU VS. STATE OF KERALA [LAWS(KER)-2022-11-26] [REFERRED TO]
ASHRUMOCHAN BISWAL VS. STATE OF ODISHA [LAWS(ORI)-2023-12-73] [REFERRED TO]
PRASANTA KUMAR KHATUA VS. STATE OF ODISHA [LAWS(ORI)-2023-5-29] [REFERRED TO]
RAMENDU CHATTOPADHYAY VS. REPUBLIC OF INDIA [LAWS(ORI)-2023-9-95] [REFERRED TO]
SHAITAN SINGH RAJPUT VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-3-22] [REFERRED TO]
PARJA RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-11-36] [REFERRED TO]
OM PRAKASH VS. NARCOTICS CONTROL BUREAU CHANDIGARH [LAWS(HPH)-2023-5-136] [REFERRED TO]
AJEET SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-6-5] [REFERRED TO]
PANKAJ VS. STATE OF H.P. [LAWS(HPH)-2024-4-58] [REFERRED TO]
LAKHAN LAL CHAUDHARY VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-5-69] [REFERRED TO]
RAKESH KUMAR PAUL VS. STATE OF ASSAM [LAWS(GAU)-2023-3-31] [REFERRED TO]
MUKESH RAM VS. STATE OF UP [LAWS(ALL)-2024-8-18] [REFERRED TO]
DEEPU VS. STATE OF U.P. [LAWS(ALL)-2024-8-40] [REFERRED TO]
SUHAS CHAKMA VS. UNION OF INDIA [LAWS(SC)-2024-10-54] [REFERRED TO]
JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA [LAWS(SC)-2024-7-3] [REFERRED TO]
DANVIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-3-19] [REFERRED TO]
INSPECTOR OF POLICE, CBCID VS. SIGAMANI [LAWS(MAD)-2023-8-83] [REFERRED TO]
M.MOHAMED ABBAS VS. STATE [LAWS(MAD)-2023-8-96] [REFERRED TO]
CHIEF SECRETARY, GOVERNMENT OF TAMIL NADU, SECRETARIAT VS. DIRECTOR, ARCHAEOLOGICAL SURVEY OF INDIA [LAWS(MAD)-2023-6-102] [REFERRED TO]
HARWINDER SINGH ALIAS KAJU VS. STATE OF PUNJAB [LAWS(P&H)-2024-4-45] [REFERRED TO]
VIKRAM CHANDEL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-6-15] [REFERRED TO]
SALMAN VS. STATE OF H.P. [LAWS(HPH)-2023-6-29] [REFERRED TO]
HASANA BEGAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-9-16] [REFERRED TO]
PROFESSOR BIDYUT CHAKRABORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-1-70] [REFERRED TO]
SUSANTA KUMAR SAMANTARAY VS. STATE OF ODISHA [LAWS(ORI)-2023-12-84] [REFERRED TO]
GOURA MANDOL VS. STATE OF ODISHA [LAWS(ORI)-2024-2-3] [REFERRED TO]
ANTONY JOB VS. STATE OF KERALA [LAWS(KER)-2024-7-29] [REFERRED TO]
ABDUL RAZAK VS. NATIONAL INVESTIGATION AGENCY [LAWS(KER)-2023-2-190] [REFERRED TO]
MANOJ KUMAR LADHA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(PAT)-2022-12-85] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGTATION VS. KAPIL WADHAWAN [LAWS(DLH)-2023-5-186] [REFERRED TO]
SIMPAL SRIVASTAV VS. STATE [LAWS(DLH)-2023-6-4] [REFERRED TO]
VISHAL VS. STATE [LAWS(DLH)-2023-4-22] [REFERRED TO]
CCL S. VS. STATE [LAWS(DLH)-2023-1-217] [REFERRED TO]
MOHAMMAD NAWAB MOHAMMAD ISLAM MALIK VS. DIRECTORATE OF ENFORCEMENT [LAWS(BOM)-2023-7-535] [REFERRED TO]
WARYAM SINGH KARTAR SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-2-28] [REFERRED TO]
ANIL TARUN PANDIT VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-12] [REFERRED TO]
JAGUBHAI SELARBHAI BORICHA VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-36] [REFERRED TO]
NASIRAHMED LIYAKATALI MOHAMMEDGAUS PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2023-5-595] [REFERRED TO]
THAKURSINGH BHAIRUSINGH RAWAT VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-26] [REFERRED TO]
SALIMBHAI NIZAMUDDIN DHAPA VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-8] [REFERRED TO]
KAMBARALI VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-9] [REFERRED TO]
LAXMIBEN JESANGBHAI BHACHUBHAI SOLANKI VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-10] [REFERRED TO]
RAMESH RANCHHODDAS JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-2023-11-23] [REFERRED TO]
YEDDULA BHASKAR REDDY VS. STATE OF A.P. [LAWS(APH)-2024-7-36] [REFERRED TO]
UPKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-1-18] [REFERRED TO]
PANKAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2024-1-50] [REFERRED TO]
DHARAMPAL JAIN VS. STATE OF HARYANA [LAWS(P&H)-2023-11-51] [REFERRED TO]
KHALARA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-4-33] [REFERRED TO]
NARSINGH SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-7-19] [REFERRED TO]
THOMAS DANIEL VS. ENFORCEMENT DIRECTORATE [LAWS(KER)-2023-9-8] [REFERRED TO]
BABU RAJ VS. STATE OF KERALA [LAWS(KER)-2024-10-55] [REFERRED TO]
SAHIL IMRAN MULLA VS. STATE OF GUJARAT [LAWS(GJH)-2024-9-3] [REFERRED TO]
ATMIYA BHUPENDRABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-50] [REFERRED TO]
BHAVANI REVANNA VS. STATE OF KARNATAKA [LAWS(KAR)-2024-6-6] [REFERRED TO]
VIDHYARAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-11-39] [REFERRED TO]
KAMAL SABHARWAL VS. STATE OF ASSAM [LAWS(GAU)-2023-12-5] [REFERRED TO]
NATIONAL INVESTIGATION AGENCY VS. ZINGSHONGAM MUINAO [LAWS(GAU)-2024-6-21] [REFERRED TO]
VIKASH KUMAR VS. STATE OF ODISHA [LAWS(ORI)-2023-7-95] [REFERRED TO]
LAXMAN PALASI VS. STATE OF ODISHA [LAWS(ORI)-2023-9-1] [REFERRED TO]
LABA PANGI VS. STATE OF ODISHA [LAWS(ORI)-2023-11-103] [REFERRED TO]
MUNIB IQBAL MEMON VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-9-65] [REFERRED TO]
SADHANA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-2-243] [REFERRED TO]
CHANDA DEEPAK KOCHHAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2023-1-348] [REFERRED TO]
JEEWAN MONDAL VS. STATE NCT OF DELHI [LAWS(DLH)-2023-1-394] [REFERRED TO]
SERIOUS FRAUD INVESTIGATION OFFICE VS. AARTI SINGHAL [LAWS(DLH)-2023-4-159] [REFERRED TO]
ASHISH MITTAL VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2023-5-4] [REFERRED TO]
ANIL KUMAR SHARMA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2023-9-54] [REFERRED TO]
YUDHVEER SINGH YADAV VS. CENTRAL BUREAU OF INESTIGATION [LAWS(DLH)-2024-10-14] [REFERRED TO]
HARDIKBHAI UKABHAI BADH VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-4] [REFERRED TO]
VIVEK VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-11] [REFERRED TO]
RAMESHBHAI VIRSINGBHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-30] [REFERRED TO]
RAM CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-12-66] [REFERRED TO]
MANOJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-4-40] [REFERRED TO]
PRAMOD VS. STATE OF U. P. [LAWS(ALL)-2024-3-140] [REFERRED TO]
RAVINDRA SINGH RATHAUR VS. STATE OF U.P. [LAWS(ALL)-2024-7-48] [REFERRED TO]
AMIT KUMAR AGARWAL VS. UNION OF INDIA [LAWS(JHAR)-2024-3-1] [REFERRED TO]
NISHAD VS. STATE OF KERALA [LAWS(KER)-2022-12-64] [REFERRED TO]
BAVA U. VS. STATE OF KERALA [LAWS(KER)-2022-12-65] [REFERRED TO]
SHAJAN SKARIAH VS. STATE OF KERALA [LAWS(KER)-2023-7-15] [REFERRED TO]
MAZHAR ALI ANWAR ALI VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-13] [REFERRED TO]
MANOJBHAI DAMRABHAI KUMBHAR VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-12] [REFERRED TO]
SOTAJ HARISINH YADAV VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-38] [REFERRED TO]
RAMAKANTA PRASAD VS. STATE OF ODISHA [LAWS(ORI)-2023-6-20] [REFERRED TO]
RAJU MARSHE VS. STATE OF ODISHA [LAWS(ORI)-2023-8-94] [REFERRED TO]
PARAG DHIRAJLAL DAVE VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-95] [REFERRED TO]
RAGHAVENDRA KANCHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2023-6-23] [REFERRED TO]
RAMJI SINGH VS. DIRECTORATE OF ENFORCEMENT ALLAHABAD SUB ZONAL OFFICE [LAWS(ALL)-2023-9-29] [REFERRED TO]
BIBHAV KUMAR VS. STATE OF NCT OF DELHI [LAWS(DLH)-2024-8-20] [REFERRED TO]
ANIL KUMAR SHARMA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2024-1-69] [REFERRED TO]
VASHRAMBHAI GOVINDBHAI MIYATRA VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-4] [REFERRED TO]
STATE OF GUJARAT VS. MUKESHBHAI NARAYANDAS SADHU [LAWS(GJH)-2023-7-934] [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2024-2-90] [REFERRED TO]
MD. ASFAK ALAM VS. STATE OF JHARKHAND & ANR. [LAWS(SC)-2023-7-69] [REFERRED TO]
CHANDA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2024-4-1] [REFERRED TO]
SUKHWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-12-104] [REFERRED TO]
SUNIL KUMAR @ SUNNY VS. STATE OF PUNJAB [LAWS(P&H)-2023-12-97] [REFERRED TO]
SURJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-5-19] [REFERRED TO]
MANGAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-4-40] [REFERRED TO]
SHANKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-5-61] [REFERRED TO]
SANJIV BHAGWATIPRASAD NISHAD VS. STATE OF GUJARAT [LAWS(GJH)-2024-2-25] [REFERRED TO]
MUKESHBHAI HAMIRBHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-22] [REFERRED TO]
HASANBHAI KASAMBHAI GARIBA VS. STATE OF GUJARAT [LAWS(GJH)-2024-11-4] [REFERRED TO]
MILAP PRAVINKUMAR CHANDULAL AKHANI VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-49] [REFERRED TO]
MAHESH VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-51] [REFERRED TO]
KALPESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-21] [REFERRED TO]
VAISHAKHIBEN DHARMESHBHAI JIVANI VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-3] [REFERRED TO]
USHA DEVI VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2024-7-94] [REFERRED TO]
ISHRAR AHMAD VS. STATE [LAWS(DLH)-2023-3-139] [REFERRED TO]
ARVIND KEJRIWAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2024-8-14] [REFERRED TO]
BRAJENDRA SINGH BHADOURIYA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2022-11-201] [REFERRED TO]
SATARUPA BHATTACHARYA VS. ENFORCEMENT DIRECTORATE [LAWS(CAL)-2023-8-149] [REFERRED TO]
ABBAS ANSARI VS. STATE OF U. P. [LAWS(ALL)-2023-11-88] [REFERRED TO]
KALLU VS. STATE OF U. P. [LAWS(ALL)-2023-9-88] [REFERRED TO]
UMASHANKAR YADAV VS. STATE OF U. P. [LAWS(ALL)-2024-3-182] [REFERRED TO]
PRASHANTH KUMAR M V VS. STATE [LAWS(KAR)-2023-4-9] [REFERRED TO]
MALLAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-8-1363] [REFERRED TO]
MANORANJAN DAS VS. STATE OF ODISHA [LAWS(ORI)-2023-10-130] [REFERRED TO]
ARJUNA DANAYAK VS. STATE OF ODISHA [LAWS(ORI)-2023-11-35] [REFERRED TO]
MORGE NOCHI VS. STATE OF A. P. [LAWS(GAU)-2024-6-94] [REFERRED TO]
MOTI SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-2-25] [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2023-5-133] [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2024-8-85] [REFERRED TO]
BANKHMIH NONGRUM VS. STATE OF MEGHALAYA [LAWS(MEGH)-2023-5-27] [REFERRED TO]
MANIK LAL DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2023-8-5] [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2023-2-105] [REFERRED TO]
GIRISH GANDHI VS. STATE OF UTTAR PRADESH [LAWS(SC)-2024-8-51] [REFERRED TO]
MAJOR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2023-5-107] [REFERRED TO]
CHANDER VS. STATE OF HARYANA [LAWS(P&H)-2024-1-46] [REFERRED TO]
KARANBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-8-252] [REFERRED TO]
MANINDER SHARMA VS. STATE TAX OFFICER, STATE TAX, MOBILE WING, JALANDHAR, PUNJAB [LAWS(P&H)-2022-8-277] [REFERRED TO]
PRABHA SURANA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-71] [REFERRED TO]
NARA CHANDRA BABU NAIDU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2023-11-18] [REFERRED TO]
SANJEEV KUMAR VS. STATE OF U. P. [LAWS(ALL)-2024-3-161] [REFERRED TO]
PUTTAN VS. STATE OF U.P. [LAWS(ALL)-2024-7-43] [REFERRED TO]
AVINASH JAIN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2023-5-187] [REFERRED TO]
SAMEER MAHANDRU VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2023-6-89] [REFERRED TO]
ABRAHAM GEORGE VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2024-3-11] [REFERRED TO]
DEEPAK GOYAL VS. CBI [LAWS(DLH)-2024-5-170] [REFERRED TO]
RAVINDRA LAXMAN RAO MANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-273] [REFERRED TO]
MOHAMMAD AHMAD QURAISHI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-3-6] [REFERRED TO]
VIJAY VASUDEV BALAI VS. STATE OF GUJARAT [LAWS(GJH)-2023-11-28] [REFERRED TO]
PARBATBHAI NARANBHAI GOJIYA VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-9] [REFERRED TO]
RAMESHBHAI JIVANBHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-29] [REFERRED TO]
JIGAR VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-25] [REFERRED TO]
NITIN KHODABHAI BHALANI (KOLI) VS. STATE OF GUJARAT [LAWS(GJH)-2024-10-1] [REFERRED TO]
RAGHURAJ VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-18] [REFERRED TO]
JABIR KHAN VS. STATE OF GUJARAT [LAWS(GJH)-2024-8-16] [REFERRED TO]
NILESHBHAI CHHAGANBHAI MAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2024-5-15] [REFERRED TO]
SUDEI VS. STATE OF ODISHA [LAWS(ORI)-2024-5-66] [REFERRED TO]
BIBHUTI BHUSAN MISHRA VS. STATE OF ODISHA [LAWS(ORI)-2023-8-101] [REFERRED TO]
KULDEEP VS. STATE OF KARNATAKA [LAWS(KAR)-2023-1-66] [REFERRED TO]
AZHARUDHEEN VS. STATE OF KERALA [LAWS(KER)-2024-1-10] [REFERRED TO]
XXXXXXXX VS. STATE OF KERALA [LAWS(KER)-2023-9-15] [REFERRED TO]
KANNAN VS. STATE OF KERALA [LAWS(KER)-2024-9-28] [REFERRED TO]
HAFIJUL MANDAL VS. NARCOTICS CONTROL BUREAU [LAWS(GAU)-2024-4-184] [REFERRED TO]
SAHIL SHARMA VS. UNION OF INDIA [LAWS(GAU)-2024-8-2] [REFERRED TO]
ABDUL SALIK VS. STATE OF ASSAM [LAWS(GAU)-2024-2-45] [REFERRED TO]
AMIT PRADEEP SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-4-1] [REFERRED TO]
KULDEEPBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-14] [REFERRED TO]
RAMESHVARI VS. STATE OF GUJARAT [LAWS(GJH)-2024-5-17] [REFERRED TO]
RAJ MAHESHBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2023-10-30] [REFERRED TO]
BHVANSINGBHAI RAMESHBHAI RATHVA VS. STATE OF GUJARAT [LAWS(GJH)-2023-3-724] [REFERRED TO]
AJAY KUMAR MANCHANDA VS. STATE OF DELHI [LAWS(DLH)-2023-7-14] [REFERRED TO]
SOLETO JUSTNIANO FERNANDO TITO VS. NARCOTICS CONTROL BUREAU [LAWS(DLH)-2023-7-188] [REFERRED TO]
TARANJEET SINGH BAGGA VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2023-2-91] [REFERRED TO]
RAJEEV JHAWAR VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2024-4-8] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-1-99] [REFERRED TO]
MANISH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-3-73] [REFERRED TO]
NEELAM KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-5-11] [REFERRED TO]
DEEPAK RAI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-12-72] [REFERRED TO]
AMED UDDIN TAPADAR VS. STATE OF ASSAM [LAWS(GAU)-2024-5-90] [REFERRED TO]
AMED UDDIN TAPADAR VS. STATE OF ASSAM [LAWS(GAU)-2024-5-90] [REFERRED TO]
ARJUN SHARMA VS. UNION OF INDIA [LAWS(GAU)-2024-2-59] [REFERRED TO]
SARVJEET PANDEY VS. STATE OF U.P. [LAWS(ALL)-2024-8-9] [REFERRED TO]
KASIM VS. STATE OF U.P. [LAWS(ALL)-2024-7-2] [REFERRED TO]
SAHIN VS. STATE OF U.P. [LAWS(ALL)-2024-6-10] [REFERRED TO]
ABHISHEK YADAV VS. STATE OF U.P. [LAWS(ALL)-2024-6-11] [REFERRED TO]
ANU MATHEW VS. STATE OF KERALA [LAWS(KER)-2023-4-102] [REFERRED TO]
VIPIN VS. STATE OF KERALA [LAWS(KER)-2024-10-54] [REFERRED TO]
GOVINDARAJ BEN VS. STATE OF KERALA [LAWS(KER)-2024-3-17] [REFERRED TO]
RAHUL R. NAIR VS. STATE OF KERALA [LAWS(KER)-2022-7-60] [REFERRED TO]
ANSHUL GUPTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-7-1] [REFERRED TO]
RAJU GEORGE VS. STATE OF KERALA [LAWS(KER)-2024-7-43] [REFERRED TO]
KHUPLIANSUM VS. STATE OF MEGHALAYA [LAWS(MEGH)-2023-7-6] [REFERRED TO]
BALDEV SINGH VS. STATE OF ODISHA [LAWS(ORI)-2024-6-25] [REFERRED TO]
NEEL KAMAL BAURI VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-6-18] [REFERRED TO]
MOHD MUSLIM @ HUSSAIN VS. STATE (NCT OF DELHI) [LAWS(SC)-2023-3-120] [REFERRED TO]
SURJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2023-11-27] [REFERRED TO]
PARKASH SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-4-24] [REFERRED TO]
KULDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-5-9] [REFERRED TO]
RAM NIWAS MEENA VS. UNION OF INDIA [LAWS(P&H)-2024-5-87] [REFERRED TO]
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V. SENTHIL BALAJI VS. STATE REPRESENTED BY DEPUTY DIRECTOR [LAWS(SC)-2023-8-13] [REFERRED TO]
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TARUN KUMAR VS. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT [LAWS(SC)-2023-11-30] [REFERRED TO]
SHAJAN SKARIA VS. STATE OF KERALA [LAWS(SC)-2024-8-60] [REFERRED TO]
JAGTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2024-1-16] [REFERRED TO]
KISHORI PASWAN VS. STATE OF PUNJAB [LAWS(P&H)-2024-4-35] [REFERRED TO]
SAUBHAGYA BHAGAT VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-8-1] [REFERRED TO]
PARAS SINGH VS. STATE OF RAJASTHAN, THROUGH PP [LAWS(RAJ)-2024-4-3] [REFERRED TO]
GULAM AHMAD JUMMAN SHA VS. STATE OF GUJARAT [LAWS(GJH)-2024-2-14] [REFERRED TO]
RINKU RAMPAL DHIMAN VS. STATE OF GUJARAT [LAWS(GJH)-2024-2-41] [REFERRED TO]
KRISHNA MANGULU SWAIN VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-12] [REFERRED TO]
HITESHPURI BHARATPURI GOSWAMI VS. STATE OF GUJARAT [LAWS(GJH)-2023-8-350] [REFERRED TO]
RAMNIVAS ARJUNLAL GURJAR VS. STATE OF GUJARAT [LAWS(GJH)-2023-11-8] [REFERRED TO]
NARA CHANDRABABU NAIDU VS. STATE OF A.P. [LAWS(APH)-2024-1-32] [REFERRED TO]
ALEX ISAAC VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-10-47] [REFERRED TO]
KONDIBA GUNJAL VS. UNION OF INDIA [LAWS(BOM)-2024-11-19] [REFERRED TO]
JOGA RAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-7-174] [REFERRED TO]
KOMAL CHADHA VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2022-12-162] [REFERRED TO]
NAVPREET SINGH VS. STATE [LAWS(DLH)-2023-9-52] [REFERRED TO]
KAPIL TANEJA VS. STATE [LAWS(DLH)-2023-1-122] [REFERRED TO]
AJAY KUMAR VS. STATE OF U. P. [LAWS(ALL)-2023-11-87] [REFERRED TO]
GOVIND PRAKASH PANDEY VS. DIRECTORATE OF ENFORCEMENT GOVT. INDIA [LAWS(ALL)-2023-2-18] [REFERRED TO]
HARISH CHANDRA VS. UNION OF INDIA [LAWS(ALL)-2023-10-52] [REFERRED TO]
SAMEER MISHRA VS. STATE OF ODISHA [LAWS(ORI)-2023-11-76] [REFERRED TO]
ANIL MALAKAR VS. STATE OF ASSAM [LAWS(GAU)-2023-12-41] [REFERRED TO]
VIKAS KHETWAT VS. UNION OF INDIA [LAWS(JHAR)-2023-8-14] [REFERRED TO]
MIDLAJ VS. UNION OF INDIA [LAWS(KER)-2023-2-179] [REFERRED TO]
MADHUR GARG VS. SUPERINTENDENT OF CUSTOMS [LAWS(MPH)-2024-9-14] [REFERRED TO]
MOHINDDER PAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-1-89] [REFERRED TO]
JAVID AHMAD SHAH VS. UNION TERRITORY OF J&K [LAWS(J&K)-2022-9-40] [REFERRED TO]


JUDGEMENT

M.M.SUNDRESH,J. - (1.)"Liberty is one of the most essential requirements of the modern man. It is said to be the delicate fruit of a mature civilization. It is the very quintessence of civilized existence and essential requirement of a modern man" - John E.E.D. in "Essays on Freedom and Power"
1. Taking note of the continuous supply of cases seeking bail after filing of the final report on a wrong interpretation of Sec. 170 of the Code of Criminal Procedure (hereinafter referred to as "the Code" for short), an endeavour was made by this Court to categorize the types of offenses to be used as guidelines for the future. Assistance was sought from Shri Sidharth Luthra, learned senior counsel, and learned Additional Solicitor General Shri S.V. Raju. After allowing the application for intervention, an appropriate Order was passed on 7/10/2021. The same is reproduced as under:

"We have been provided assistance both by Mr. S.V. Raju, learned Additional Solicitor General and Mr. Sidharth Luthra, learned senior counsel and there is broad unanimity in terms of the suggestions made by learned ASG. In terms of the suggestions, the offences have been categorized and guidelines are sought to be laid down for grant of bail, without fettering the discretion of the courts concerned and keeping in mind the statutory provisions.

We are inclined to accept the guidelines and make them a part of the order of the Court for the benefit of the Courts below. The guidelines are as under:

Categories/Types of Offences

A) Offences punishable with imprisonment of 7 years or less not falling in category B and D.

B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.

C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.

D) Economic offences not covered by Special Acts.

REQUISITE CONDITIONS

1) Not arrested during investigation.

2) Cooperated throughout in the investigation including appearing before Investigating Officer whenever called.

(No need to forward such an accused along with the chargesheet (Siddharth Vs. State of UP, 2021 SCC online SC 615)

CATEGORY A

After filing of chargesheet/complaint taking of cognizance

a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.

b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.

c) NBW on failure to failure to appear despite issuance of Bailable Warrant.

d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.

e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.

CATEGORY B/D

On appearance of the accused in Court pursuant to process issued bail application to be decided on merits.

CATEGORY C

Same as Category B and D with the additional condition of compliance of the provisions of Bail under NDPS S.37, 45 PMLA, 212(6) Companies Act 43 d(5) of UAPA, POSCO etc."

Needless to say that the category A deals with both police cases and complaint cases.

The trial Courts and the High Courts will keep in mind the aforesaid guidelines while considering bail applications. The caveat which has been put by learned ASG is that where the accused have not cooperated in the investigation nor appeared before the Investigating Officers, nor answered summons when the Court feels that judicial custody of the accused is necessary for the completion of the trial, where further investigation including a possible recovery is needed, the aforesaid approach cannot give them benefit, something we agree with.

We may also notice an aspect submitted by Mr. Luthra that while issuing notice to consider bail, the trial Court is not precluded from granting interim bail taking into consideration the conduct of the accused during the investigation which has not warranted arrest. On this aspect also we would give our imprimatur and naturally the bail application to be ultimately considered, would be guided by the statutory provisions.

The suggestions of learned ASG which we have adopted have categorized a separate set of offences as "economic Offences" not covered by the special Acts. In this behalf, suffice to say on the submission of Mr. Luthra that this Court in Sanjay Chandra vs. CBI, (2012) 1 SCC 40 has observed in para 39 that in determining whether to grant bail both aspects have to be taken into account:

a) seriousness of the charge and

b) severity of punishment.

Thus, it is not as if economic offences are completely taken out of the aforesaid guidelines but do form a different nature of offences and thus the seriousness of the charge has to be taken into account but simultaneously, the severity of the punishment imposed by the statute would also be a factor.

We appreciate the assistance given by the learned counsels and the positive approach adopted by the learned ASG.

The SLP stands disposed of and the matter need not be listed further.

A copy of this order be circulated to the Registrars of the different High Courts to be further circulated to the trial Courts so that the unnecessary bail matters do not come up to this Court.

This is the only purpose for which we have issued these guidelines, but they are not fettered on the powers of the Courts."

(2.)Two more applications, being M.A. No. 1849/2021 and M.A. Diary No.29164/2021, were filed seeking a clarification referring to category 'C' wherein, inadvertently, Sec. 45 of the Prevention of Money Laundering Act, 2002 despite being struck down, found a place, thus came the Order dtd. 16/12/2021:
"Learned senior counsels for parties state that they will endeavour to work out some of the fine tuning which is required to give meaning to the intent of our order dtd. 7/10/2021.

We make it clear that our intent was to ease the process of bail and not to restrict it. The order, in no way, imposes any additional fetters but is in furtherance of the line of judicial thinking to enlarge the scope of bail.

At this stage, suffice for us to say that while referring to category 'C', inadvertently, Sec. 45 of Prevention of Money laundering Act (PMLA) has been mentioned which has been struck down by this Court. Learned ASG states that an amendment was made and that is pending challenge before this Court before a different Bench. That would be a matter to be considered by that Bench.

We are also putting a caution that merely by categorizing certain offences as economic offences which may be non-cognizable, it does not mean that a different meaning is to be given to our order.

We may also clarify that if during the course of investigation, there has been no cause to arrest the accused, merely because a charge sheet is filed, would not be an ipso facto cause to arrest the petitioner, an aspect in general clarified by us in Criminal Appeal No.838/2021 Siddharth v. State of Uttar Pradesh and Anr. dtd. 16/8/2021."

(3.)Some more applications have been filed seeking certain directions/clarifications, while impressing this Court to deal with the other aspects governing the grant of bail. We have heard Shri Amit Desai, learned senior counsel, Shri Sidharth Luthra, learned senior counsel, and learned Additional Solicitor General Shri S.V. Raju.


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