Guidelines on grant of bail to accused not arrested during investigation post filing of Chargesheet

Last updated: 15 October 2021

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The Supreme Court of India has established guidelines for granting bail to individuals not arrested during the investigation phase after a chargesheet has been filed. Offences have been categorised into four groups (A, B, C, and D) with specific conditions for bail applications. For less severe offences (Category A), a bailable warrant may be issued for non-appearance, escalating to a non-bailable warrant if the accused still fails to appear. Bail applications can be decided without physical custody or via interim bail. More serious offences and those under special acts (Categories B, C, and D) require bail applications to be decided on merits, with additional stringent conditions for special acts.

Court :
Supreme Court of India

Brief :
In Satender Kumar Antil v. Central Bureau of Investigation and Anr. [Special Leave to Appeal (Crl.) No(s). 5191/2021 dated October 07, 2021], the Hon'ble Supreme Court of India in the current application has issued guidelines relating to the aspect of grant of bail to accused who, on a charge sheet being filed is not arrested during investigation.

Citation :
Special Leave to Appeal (Crl.) No(s). 5191/2021 dated October 07, 2021

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Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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