In Brief
An appellant accused of economic offences was not arrested during CBI investigation and did not require custodial interrogation. A charge sheet was filed without his arrest. The trial court then issued non-bailable warrants against him. The Supreme Court held that under Section 170, Cr.P.C., when an accused in a non-bailable offence is neither arrested during investigation nor produced in custody, the Magistrate must release him on bail upon appearance. The Court emphasized that the circumstances of non-arrest during investigation are themselves sufficient grounds for bail, as suddenly incarcerating someone who remained free for years merely after charge sheet filing would violate fundamental bail principles. The appeal was allowed.
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