BREAKING: #SupremeCourtOfIndia has ruled that an accused has a right to bail if his arrest was in violation of Sections 41 and 41A of CrPc. The SC made these observations in the case of Satender Kumar Antil vs Central Bureau Of Investigation
SC had already laid down guidelines w.r.t grant of bail to accused who are not arrested during investigation on charge sheet being filed. Detailed guidelines were given by the SC for bail under three different categories of offences
Category A - offences punishable with imprisonment of 7 years or less;
Category B - offences punishable with death, imprisonment for life, or imprisonment for more than 7 years, including economic offences under special acts;
Category C - Offences punishable under Special Acts;
Category D - Economic offences not punishable under special acts.
For each category, the SC had prescribed separate and detailed guidelines for procuring bail
However, despite such guidelines, the SC found various Special Leave Petitions pending before it, challenging rejection of bail.