CAN ACCUSED NOT ARRESTED EARLIER BE ARRESTED AFTER FILING OF CHARGE SHEET?

         Supreme Court, Delhi High Court, Advocate, Legal, Law,

Can an accused, who was not arrested during investigation, inspite of the fact that :-  

(1) he was neither on Bail nor absconding AND

(2) he was not arrested during investigation, 

be arrested after filing of the Charge-Sheet ? 

 

Many a times such situation arises. In such cases, what is the remedy? Supreme Court has the occasion to deal with such a situation in the case of Dataram Singh Vs. State of Uttar Pradesh and Ors., decided on: 06.02.2018 wherein it has held as under :- 

 

Generally such an accused, who was co-operating during investigation OR even not co-operating but was not absconding, shall NOT be arrested after filing of Charge-sheet. If he has to be arrested, then a strong case has to be made out for placing such an accused in Judicial Custody. 

 

In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments.

Location: Delhi, India

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