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In a recent ruling, the Supreme Court underscored that an accused voluntarily surrendering before the court, even in the absence of a summoning order, cannot be taken into custody. The bench, comprising Justices Bela M Trivedi and Pankaj Mithal, emphasized that a bail application from such an accused should not be entertained.

Despite the Trial Court’s cognizance of the chargesheet, no summoning order was issued. However, the appellant voluntarily surrendered, leading to rejected bail applications in both the Trial and High Courts.

Senior Counsel Mr. Siddharth Luthra argued that remanding Souvik to custody without a summoning order was unjust. Acknowledging a procedural error in filing the bail application before the Trial Court, Luthra conceded, prompting Justice Trivedi’s earlier suggestion for compulsory training for lawyers.

The Supreme Court criticized the Trial Court for issuing summons without a proper order, highlighting a significant flaw in the proceedings. The apex court clarified that without a summoning order, the bail application should not have been entertained, pointing to a misconception of fact and law in the process.

Consequently, the Supreme Court ordered  release on bail, emphasizing that the decision did not express an opinion on the case’s merits. The court left room for the Special Court to take appropriate actions and for the Enforcement Directorate to pursue lawful proceedings as needed.


Name:- Darshika Upraity, LL.B. ( 2nd year student), Faculty Of Law, Agra College, Agra.

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