SATENDER KUMAR ANTIL VS CENTRAL BUREAU OF INVESTIGATION (2022) SC 577
- The Honorable Court issued specific directives, establishing binding obligations for both the courts and investigating authorities. In adherence to these directives, and recognizing the State's prerogative to address exceptional circumstances, we propose the following: all applications for anticipatory bail be determined within a timeframe of six weeks, unless intervened upon by urgent applications.
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The Supreme Court has also classified the offences, and rules are being sought to be established for bail grant without restricting the authority of the relevant courts and bearing in mind the legislative restrictions. The offences have been divided into 4 categories by the court. For each category, SC has established particular rules. Category A:
- o Upon the filing of the charge sheet, the court shall issue standard summons in accordance with established legal procedures.
o In the event of continued non-appearance following the issuance of standard summons, the court will proceed to issue a warrant for the individual’s physical presence.
o If the person still remains absent, the court will issue a non-bailable warrant.
o If the defendant submits a petition prior to the signing of the non-bailable warrant, affirming their intention to appear in person for the subsequent hearing date, the court may revoke the non-bailable warrant or convert it into a bailable warrant without necessitating the physical presence of the accused.
o During the defendant’s the court may either decide on the request for bail without confinement or grant temporary release while reviewing the bail application.
- The bail application will be thoroughly examined, considering the offender’s consistent presence at all court hearings. This evaluation is contingent upon strict adherence to the bail conditions delineated in the Special At, aligning with the criteria specified for categories B and D.
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