Supreme Court: Arresting Accused After Chargesheet and Court’s Cognizance is Senseless

The Supreme Court of India, in a significant ruling, has criticized the practice of arresting accused individuals after the filing of a charge sheet and the court taking cognizance. The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, delivered the verdict in the case of Musheer Alam v. State of Uttar Pradesh (SLP (Crl.) No. 18081/2024). The court emphasized that once an investigation concludes and a charge sheet is filed, arresting the accused serves no constructive purpose and defies procedural logic.

Background of the Case  

The case arose from allegations that the petitioner, Musheer Alam, amassed assets worth ₹1,50,41,908, disproportionate to his known sources of income during the check period from 2002 to May 31, 2009. The Anti-Corruption Department, Ayodhya, Faizabad, initiated an inquiry, resulting in an FIR at Kotwali Police Station, Barabanki. The investigation culminated in the filing of a charge sheet in Sessions Case No. 941/2024 under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.  

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The petitioner, denied anticipatory bail by the Allahabad High Court, approached the Supreme Court, contending that his arrest was unwarranted at this stage.

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Legal Issues  

1. Arrest Post-Filing of Charge Sheet: Should an accused be arrested after the investigation is completed and the charge sheet is filed?  

2. Practice in Uttar Pradesh: The court addressed the alleged procedural anomaly in Uttar Pradesh, where arrests are often made after charge sheets are filed.  

3. Right to Bail: The case also touched upon the accused’s right to apply for bail after the court takes cognizance of the charge sheet.  

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Observations of the Court  

The Supreme Court made sharp observations regarding the unnecessary arrest of individuals after a charge sheet is filed. The bench noted:  

“If the investigating officer deemed it necessary, the arrest should have been made during the investigation itself.”  

“Once the investigation is over and the charge sheet is filed, the accused should be directed to appear before the trial court and furnish bail to its satisfaction.”  

– On the Uttar Pradesh practice of arrest post-charge sheet, the court remarked, “We do not propose to say anything about this unusual practice except that it makes no sense.”

Decision of the Court  

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The Supreme Court dismissed the anticipatory bail plea as unnecessary, ruling that the petitioner should appear before the CBI Court, Gorakhpur, and furnish bail to its satisfaction. The court clarified that since the investigation was complete and a charge sheet had been filed, formal arrest at this stage would serve no legal or investigative purpose.  

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