A Bench of the Supreme Court comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing a case challenging the rejection of anticipatory bail granted to Musheer Alam in a disproportionate assets case under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988.

Allegations in the FIR:
The FIR was registered at Kotwali Police Station, Barabanki. It alleged that during the check period from 2002 to 31.05.2009, the petitioner had acquired assets disproportionate to his known sources of income amounting to Rs. 1,50,41,908/-.

The investigation was completed and a charge sheet was filed before the CBI Court at Gorakhpur. The court had already taken cognizance of the case and issued summons. However, the petitioner was not arrested at any point during the entire course of the investigation.

The petitioner’s counsel told the court, “that there is a practice in the State of Uttar Pradesh that arrest is effected after the charge-sheet is filed and the Court takes cognizance of the charge-sheet.”

In response, the Supreme Court said, “We do not propose to say anything as regards in this unusual practice except that it makes no sense.”

Court’s View on Procedure After Investigation:
The Bench then laid down its clear view on the proper course once the investigation is complete. It said, “We are of the view that once the investigation is over and charge-sheet is filed then the accused should be asked to appear before the Court concerned and should furnish bail to the satisfaction of the trial court.”

The Court also pointed out that if the police wanted to question the petitioner, they should have arrested him earlier. It observed, “If at all, the Investigating Officer wanted to interrogate the petitioner, he could have arrested him during the course of the investigation itself. Now there is no point in making a formal arrest.”

Based on this reasoning, the Court directed that the petitioner “shall appear before the CBI Court, Gorakhpur and furnish bail to the satisfaction of the Court.”

The petition and all pending applications were then disposed of.

Case Details: Musheer Alam vs. The State of Uttar Pradesh & Anr