• Arrest without summons by CBI

Can CBI after registering FIR without giving a chance to accused for presenting his case or without giving summons to accused make an arrest of accused?
Asked 1 year ago in Criminal Law from Surat, Gujarat
Religion: Other

If cognizable offence than CBI can arrest without summons.

As cbi has power of police under delhi police act so cbi can make a arrest without warrant if offence is cognizable in nature.

So kindly ellorate fact under what offence arrest was made??

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

It depends on the case matter.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

The officers of the organization established under the Delhi Special Police Establishment Act have been given the power to arrest any individual who is suspected of or has been confirmed of having committed an offence notified under Section 3 of the DSPE Act. Thus, any crime that’s notified u/s 3 of the DSPE Act will lead to CBI Arrest.

Even if he is reasonably suspected of being involved in a crime which is not included in Section 3 but is being investigated by the CBI, such person can be arrested by the CBI officers with or without a warrant.

However, the action of arresting a person is an extremely serious one. It not only attaches a social stigma to the person so arrested but also takes away the personal liberty of a person. Hence, the discretionary power of CBI arrest conferred upon the officers of the Bureau should be exercised in a very careful and controlled manner. In case of no warrants having been issued, the CBI arrest should be made iff it is reasonably felt that the individual so arrested is involved in the commission of a cognizable offence for which he can be prosecuted before a court of law.

A person can also be arrested on the reasonable suspicion that he might try to tamper with or destroy evidence or is likely to evade the process of law.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Yes, if the charge is grave in nature an the accused person is likely to abscond to leave this country then the CBI on reasons can arrest the accused person without serving notice under section 41A of CRPC.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

CBI can arrest accused for non cooperation in probe

2) summons would be issued to accused and if he cooperates in probe he would not be ordinarily arrested

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

If cognizable offence than CBI can arrest without summons. As cbi has power of police under delhi police act so cbi can make a arrest without warrant if offence is cognizable in nature.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Hello,

Yes the arrest can be made.

Under what sections the FIR has been lodged?

Since how much time the person is in custody?

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
260 Consultations

5.0 on 5.0

Yes I think CBI can arrest on iterrogation.

Baisali Ghoshal
Advocate, Kolkata
12 Answers

4.0 on 5.0

CBI can do so if offence is cognizable and non bailable.

in bailable offence u have right of bail.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.0 on 5.0

In cognisable offence it can arrest a person without warrant. If the offence is less than 7 years of punishment the police gives 41A crpc notice to the person's. But it can even arrest in 41A crpc.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

If bail application has been rejected by trial court and sessions court you should apply for bail before HC

2) investigations have been completed and charge sheet filed

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Habeas corpus petition is not maintainable.

But a bail application can be filed since the charge sheet has already been filed.

In a case in Delhi:

Three accused, arrested by CBI in a case in which classified government documents were allegedly procured and passed on to others, have been granted bail by a special court after the agency failed to file a charge sheet against them within the stipulated 60-day period.

Special CBI Judge SC Rajan enlarged the three accused, including two public servants, on bail on a personal bond of Rs 2 lakh each with one surety of the like amount, observing that it was for the agency to file the charge sheet within 60 days.

"The records indicate that accused Ashok Kumar Singh, Khem Chand Gandhi and Lala Ram Sharma were arrested on 12 March , 2015 and produced in the court on 13 March, 2015 and they have completed 60 days in JC (judicial custody)," the court said.

"I decline the submissions of senior public prosecutor in respect of accused Lala Ram Sharma that he remained out of jail on interim bail for five days and that he cannot be given benefit of section 167 CrPC because it was for the CBI to file the charge sheet within 60 days," the judge said.

"In view of this, I extend the benefit of section 167(2) (ii) CrPC to accused Ashok Kumar Singh, Khem Chand Gandhi and Lala Ram Sharma, and they are admitted to bail...," the judge said.

Thus there is no legal impediment to release the accused on bail.

In Delhi HC in Sharad Kumar Aggarwal vs. state decided in BA 968/2011 dated 22.08.2012, it was decided thus:

The statutory provision of Section 438 Cr.P.C. has been the subject matter of judicial pronouncement in a number of authorities, both of the High Courts as well as the Apex Court and the provision has been construed by the Apex Court very liberally for protection of the personal liberty of an individual. Reliance in this regard can be placed in Siddharam Satlingappa Mhetre -vs- State of Maharashtra, AIR 2011 SC 312 and Gurbaksh Singh Sibbia & Ors. -vs- State of Punjab, (1980) 2 SCC 565. It is also not in dispute that the Apex Court, as a matter of principle, has observed that merely because the chargesheet has been filed in the Court, this should not be a ground for not entertaining the anticipatory bail application of the petitioner. But, merely because the chargesheet has been filed against an accused, it does not mean that he be either denied the bail or granted the bail during the course of the entire trial. The purpose of the observation that anticipatory bail should be only for a limited period by the Apex Court is that the provision of anticipatory bail is extraordinary in nature and, therefore, it should be granted for a limited period. As the chargesheet itself has been filed, therefore, in my view, it will be inappropriate to grant the anticipatory bail for the entire period during the course of trial. Moreover, the grant of anticipatory bail to the accused for the entire period of trial could be against the very concept of Section 438 of the Cr.P.C. This is on account of the fact that the provision of anticipatory bail is applicable at the stage of pre-arrest of an accused or the grant of bail to an accused in anticipation of his arrest. In the instant case, the chargesheet having already been filed and the accused already having been protected against the arrest for almost a year, I feel that there is hardly any occasion for the Investigating Officer to arrest the petitioner now or even if there is a threat of arrest, this can be allayed by relegating him to go to the Court concerned and apply for regular bail and in the meantime, protect him till the disposal of the trial. I fully agree with the contention of Mr. Sunil Mittal that merely because the chargesheet has been filed, that does not mean that the Court becomes powerless to grant the anticipatory bail. I am accepting this view on account of the fact that there are a number of judgments of the Apex Court which are detailed hereinabove in this regard, supporting the said proposition of law, but the entertainment of anticipatory bail application while the chargesheet has already been filed and the grant of anticipatory bail during the entire course of trial when a chargesheet has been filed are two different things.

For the reasons mentioned above, I am of the considered opinion that the right of the petitioner to be released on anticipatory bail does not become infructuous on account of filing of the chargesheet and he, having continued to have been under protection of interim bail for the last more than a year, there is no justification for this Court to deny the anticipatory bail to him so as to enable him to go the Court below for the grant of regular bail on the first appearance itself.

Therefore you may file application for regular bail.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

The offences are cognizable under crpc and arrest can be made without intemation hearing and without warrant. Police that is CBI herein have similar power to take cognizance and make an arrest in these offences. Police can arrest if offence is cognizable without any warrant. So arrest is proper no illegal detention file a bail in hc.

Apply for bail in hc, since the charge sheet is filed role is pointed out argue based on same and hc on exciting a bail most probably shall grant a bail seeing charges. Previous anticidants and imposing some terms.

So kindly file a bail before hc of mumbai.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

If bail application had got rejected in Lower Court, then you can move a bail application before the High Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

If the arrest extends for more than 24 hours and they are not produced before the magistrate then you can file a writ of habeas corpus.

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
260 Consultations

5.0 on 5.0

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