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TMI Blog2006 (9) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... of the accused persons. He was summoned for 14th July, 2006. Petitioner appeared through his counsel on that date and moved an application for exemption from his personal appearance. Finding no merit in the said application, the same was dismissed by the learned ACMM. The learned ACMM issued non-bailable warrants against the petitioner for 26th August, 2006. These NBWs could not be executed for 26th August, 2006 with the report that premises were found locked and whereabouts of petitioner could not be traced. In these circumstances, on 26th August, 2006, the learned ACMM has issued process under Section 82/83 Cr.P.C. against the petitioner and similar co-accused persons. 3. In this petition, the petitioner is challenging both the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2004 (4) CCC 629 (Del) : 2003 (3) JCC 1485. 4. In case of Court on its own motion v. State through Central Bureau of Investigation (supra), this Court had issued directions for criminal courts which are as under: Arrest of a person for less serious or such kinds of offence or offences those can be investigated without arrest by the police cannot be booked by any civilized society. Directions for Criminal Courts: (i) Whenever officer-in-charge of police station or investigating agency like CBI files a charge-sheet without arresting the accused during investigation and does not produce the accused in custody as referred in Section 170 Cr.P.C. the Magistrate or the court empowered to take cognizance or try the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... envisaged in Section 170 Cr.P.C. call upon the accused to move a bail application: if the accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason is simple. If a person has been at large and free for several years and has not been even arrested during investigation, to send him to jail by refusing bail suddenly, merely because charge-sheet has been filed is against the basic principles governing grant or refusal of bail. (vi) That the Court shall always keep the mandatory provisions of Section 440 Cr.P.C. in mind while fixing the amount of bail bond or surety b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is likely to commit serious offences while on bail. (f) Similarly, the Court shall not while releasing a person on bail put any condition, say in the form of deposit of extra amount or FDR etc. of any amount which is beyond the conditions permissible under Section 439 Cr.P.C. 5. Likewise in the case of Puneet Singh Chauhan Anr. v. State Anr. (supra), fresh directions were issued for compliance by the learned MMs and the Courts of Sessions in the following words : in a bailable offence, the courts of Metropolitan Magistrates and Sessions Judges issuing the process of warrant of arrest under Section 89 Cr.P.C. for procuring the appearance of the accused shall either on appearance by the accused on his own or on his produc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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