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"20. (v) The Court shall on appearance of an accused in non bailable offence who has neither been arrested by the police/Investigating Agency during investigation nor produced in custody as 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 ball 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.", Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.12.2020 18:17:09 This file is digitally signed by PS to HMJ ANU MALHOTRA.
which is reiteration of observations of this Court in "Court on its own motion Vs. CBI" 109 (2003) DLT 4944, it is essential to observe that what is brought forth through the observations therein is to the effect that merely because a person who was not arrested by the police or Investigating Agency during investigation nor produced in custody as envisaged in Section 170 of the Cr.P.C., 1973 ought not to be taken into custody merely because the charge sheet has been filed, the same however, does not spell out an embargo on the Court to reject a prayer made for bail by such an accused not arrested during investigation or not produced in custody, to be taken into custody in the circumstances where the facts of a case as alleged bring forth the gravity and magnitude of the alleged commission of an offence and consequently negate the grant of bail.