9911796707
TMI Blog2021 (10) TMI 1296X X X X Extracts X X X X X X X X Extracts X X X X ..... but simultaneously, the severity of the punishment imposed by the statute would also be a factor - SLP disposed off. - SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 5191/2021 - - - Dated:- 7-10-2021 - HON'BLE MR. JUSTICE SANJAY KISHAN KAUL AND HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner : Mr. Sidharth Luthra, Sr. Adv., Mr. Akbar Siddique, AOR, Mr. Rajneesh Chuni, Adv., Mr. Malik Javed Ansari, Adv., Mr. Chirag Madan, Adv., Mr. Hardik Rupal, Adv., Mr. Parv Garg, Adv., Mr. Adeel Talib, Adv., Mr. Fareed Siddiqui, Adv., Mr. Shashank Gaurav, Adv. For the Respondent : Mr. S.V. Raju, Ld. ASG, Ms. Sairica Raju, Adv., Mr. Annam Venkatesh, Adv., Ms. Priyanka Das, Adv., Mr. Udai Khanna, Adv., Mr. Arvind Kumar Sharma, AOR, Mr.Vikram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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