2021 (7) TMI 1469 - SCH - Indian Laws

Refusal of pre-arrest bail - offence punishable under Sections 120-B/420/409 of the IPC read with Section 66 of the I.T. Act and Sections 4/5/6 of Prize Chits and Money Circulation (Banning) Act - it was held by High Court that 'The requirement of physical custody for bail applications under Section 439 is reaffirmed, emphasizing the need for physical presence and submission to the court's jurisdiction.' HELD THAT - Issue notice returnable on 18.08.2021.

Summary

The Supreme Court of India, presided over by Justices Sanjay Kishan Kaul and Hrishikesh Roy, addressed a petition involving the impleadment of the Central Bureau of Investigation (CBI). The Court ordered that the CBI be specifically named as the respondent rather than being represented as the Republic of India. The petitioner, represented by Mr. Maninder Singh and others, highlighted additional documents related to lockdown orders in Odisha, which restricted court access and movement due to COVID-19.

The petitioner referenced a prior order from Criminal Appeal No. 468/2021 [Amanpreet Singh v. Republic of India], where the Supreme Court noted that the prosecution did not seek interrogation before filing the charge sheet. Consequently, the petitioner was allowed to apply for regular bail without arrest during the interregnum. Despite this, the Special CJM, CBI, Bhubaneswar, rejected the petitioner's request for virtual appearance, a decision upheld by the High Court.

The Supreme Court issued a notice returnable by August 18, 2021, and ordered that the petitioner should not be arrested and may attend trial court proceedings virtually until physical court sessions resume. The order emphasized the continuation of virtual attendance in the current scenario, with a transition to physical attendance when feasible.