LAWS(DLH)-2003-7-79

SUDHIR NATHANI Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On July 24, 2003
SUDHIR NATHANI Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) This petition ruminates significant questions of law as it challenges the legality of impugned order dated 8.7.2003 passed by Sh.Prem Kumar, learned Special Judge whereby bail application of the petitioner was dismissed on his appearing in the court in response to summons for appearance issued while taking cognizance in a warrant case and was sent to judicial custody in spite of the fact that throughout investigation and till the filing of charge sheet under Section 173 Cr.P.C the petitioner was neither arrested nor brought before the court nor was forwarded in custody under Section 170 Cr.P.C.

(2.) Following proposition of law emerges for determination:-

(3.) The facts of the case giving rise to the aforesaid propositions need to be recapitulated in brief:-