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DA case filed against me will I be sent to judicial custody
03-May-2023 (In Criminal Law)
i was accused of da case.enforcement directorate also took up the case few properties in my fathers name was roped in as my property .i am a doctor in central govt service now retired chargesheet was filed by cbi in 2009 case is pending in high court as far as cbi is concerned as we have asked them to remove my fathers properties now out of blue ed filed a charge sheet. my father died inmay2015.does the scenario change in counting my assests.now we have our chief justice of karnataka giving a judgementsaying pmla cannot be retospectively applied .i am worried about attending the summons of ed for the fear of judical custody pl advice
The object of arrest and detention of the accused person is primarily to secure his appearance at the time of trial and to ensure that in case he is found guilty he is available to receive sentence. If his presence at the trial could be reasonably ensured otherwise than his arrest and detention, it would be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him.
In fact ‘anticipatory bail’ is a misnomer as it is not bail presently granted in anticipation of arrest. When the Court grants ‘anticipatory bail’ what it does is to make an order that in the event of arrest, a person shall be released on bail. Manifestly there is no question of release on bail unless a person is arrested and, therefore, it is only on arrest that the order granting ‘anticipatory bail’ becomes operative.
In fact ‘anticipatory bail’ is a misnomer as it is not bail presently granted in anticipation of arrest. When the Court grants ‘anticipatory bail’ what it does is to make an order that in the event of arrest, a person shall be released on bail. Manifestly there is no question of release on bail unless a person is arrested and, therefore, it is only on arrest that the order granting ‘anticipatory bail’ becomes operative.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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