"The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar judgment..Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action", the Court held.

The court also held that any non compliance of such provisions would also entitle the accused to grant go bail. 

"The consequence of non compliance with Section 41 shall certainly inure to the benefit of the person suspected of the offence. Resultantly, while cons considering the application for enlargement on bail, courts will have to satisfy themselves on the due compliance of this provision. Any non compliance would entitle the accused to a grant of bail", the court held. 

Case:- Satender Kumar Antil v Central Bureau of Investigation & Anr. [PDF]



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