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TMI Blog2024 (2) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... d before the Special Court and applied for his release on bail. Since there was no order passed by the Special Court for issuance of the summons or warrant, in our opinion, the application of the appellant seeking bail could not have been entertained. There was a basic flaw in the proceedings conducted before the Special Court. As such Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court. In absence of any order for issuance of summons or warrant under Section 204 or under any other provision of Cr.P.C., the summons could not have been issued or served upon the appellant nor he could have been arre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the said Court, had applied for bail, which came to be rejected by the Special Court vide the order dated 22.02.2023. 3. The said order having been challenged by the appellant before the High Court by filing CRM (SB) 164 of 2023, the same came to be dismissed by the High Court vide the impugned order dated 18.10.2023. Being aggrieved by the same, the appellant has approached this Court by way of present appeal. 4. At the outset, the learned senior counsel, Mr. Luthra for the appellant drawing the attention of the Court to the order dated 07.12.2022 passed by the Special Court, submitted that though the said Court while taking cognizance of the offence had observed that the accused Nos. 1, 2 and 9 were in judicial custody of the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrendered before the Court, his application seeking bail was considered under Section 437 Cr.P.C. and was rejected by the Special Court, which order has been confirmed by the High Court. 6. Having regard to the submissions made by the learned senior counsel for the parties and to the material on record, it appears that the Special Court while taking cognizance of the offences under PMLA qua fourteen accused including the appellant (accused no. 10), and allowing the prayer for further investigation vide the order dated 07.12.2022, had observed as under: - Since accused Nos. 1, 2 9 are in judicial custody of Court so no question of issue any process arises here. In respect of other Eleven accused who are companies necessary order fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt for causing the accused to be brought or to appear before the Court, when the case appears to be a warrant case under Section 204 of Cr.P.C. The form of summons has to be as prescribed under Section 61 and the form of warrant of arrest has to be as prescribed under Section 70 of Cr.P.C. Further, 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 the police station or appears or is brought before the Court other than the High Court or Court of Session, he could be released by the Court on bail under Section 437 of Cr.P.C. 9. In the instant case though there was no order passed by the Special Court for issuance of summons or warrant aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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