Anup Sachdeva vs The State Of Nct Of Delhi And Anr on 24 July, 2026

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    Delhi High Court – Orders

    Anup Sachdeva vs The State Of Nct Of Delhi And Anr on 24 July, 2026

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                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         BAIL APPLN. 2193/2025
                                        ANUP SACHDEVA                                                        .....Petitioner
                                                      Through:                            Mr. Tanveer Ahmed Mir, Sr. Adv.
                                                                                          with Mr. Arjun Syal, Mr. Rohit
                                                                                          Kumar, Mr. Chandra Shekhar, Mr.
                                                                                          Naman Verma, Advs.
                                                                      versus
    
                                        THE STATE OF NCT OF DELHI AND ANR        .....Respondents
                                                      Through: Ms. Richa Dhawan, APP for State.
                                                               Inspr. Pankaj Kumar Thakur, PS
                                                               EOW
                                        CORAM:
                                        HON'BLE MS. JUSTICE MADHU JAIN
                                                                      ORDER
    

    % 24.07.2026

    1. This hearing has been done through hybrid mode.
    CRL.M.A. 21677/2026 (for modification of order dated 13.07.2026)

    SPONSORED

    2. The present application has been filed under Section 482 and Section
    528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to
    as the ‘BNSS’) seeking modification of the order dated 13.07.2026 passed in
    BAIL APPLN. 2193/2025.

    3. Learned senior counsel for the petitioner submits that, in view of the
    law laid down by the Hon’ble Supreme Court in Satender Kumar Antil v.
    CBI
    (2022) 10 SCC 51, and Tarsem Lal v. Directorate of Enforcement
    (2024) 7 SCC 61, once the investigating agency has filed the charge-sheet
    without arresting the accused, the accused cannot be directed to file a regular
    bail application before the learned Trial Court. It is submitted that, in such

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    circumstances, the accused is only required to appear before the Trial Court
    and furnish bonds under Section 91 of the BNSS (corresponding to Section
    88
    Cr.P.C.), and the direction contained in paragraph 7 of the order dated
    13.07.2026 requires modification to that extent. The relevant paragraphs of
    the judgement in Satender Kumar Antil (supra) and Tarsem Lal (supra) are
    reproduced reproduced hereinbelow:

    Satender Kumar Antil (supra):

    “Summary/Conclusion

    100. In conclusion, we would like to issue certain
    directions. These directions are meant for the
    investigating agencies and also for the courts.
    Accordingly, we deem it appropriate to issue the
    following directions, which may be subject to State
    amendments:

    100.1. The Government of India may consider the
    introduction of a separate enactment in the nature
    of a Bail Act so as to streamline the grant of bails.
    100.2. The investigating agencies and their officers
    are duty-bound to comply with the mandate of
    Sections 41 and 41-A of the Code and the directions
    issued by this Court in Arnesh Kumar [Arnesh
    Kumar v. State of Bihar
    , (2014) 8 SCC 273 : (2014)
    3 SCC (Cri) 449] . Any dereliction on their part has
    to be brought to the notice of the higher authorities
    by the court followed by appropriate action.
    100.3. The courts will have to satisfy themselves on
    the compliance of Sections 41 and 41-A of the Code.
    Any non-compliance would entitle the accused for
    grant of bail.

    100.4. All the State Governments and the Union
    Territories are directed to facilitate Standing
    Orders for the procedure to be followed under
    Section 41 and 41-A of the Code while taking note
    of the order of the High Court of Delhi dated 7-2-
    2018 in Amandeep Singh Johar v. State (NCT of

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    Delhi) [Amandeep Singh Johar v. State (NCT of
    Delhi), 2018 SCC OnLine Del 13448] and the
    Standing Order issued by Delhi Police i.e. Standing
    Order 109 of 2020, to comply with the mandate of
    Section 41-A of the Code.

    100.5. There need not be any insistence of a bail
    application while considering the application
    under Sections 88, 170, 204 and 209 of the Code.

    Tarsem Lal (supra)

    “28. At this stage, we may refer to a decision of this
    Court in Satender Kumar Antil [Satender Kumar
    Antil v. CBI
    , (2022) 10 SCC 51 : (2023) 1 SCC (Cri)
    1 : (2022) 10 SCR 351] . While dealing with Sections
    88
    , 170, 204 and 209CrPC, in para 100.5, this
    Court held thus : (SCC p. 136)
    “100.5. There need not be any insistence of a bail
    application while considering the application under
    Sections 88, 170, 204 and 209 of the Code.”

    29. At this stage, we may note here that from paras
    86 to 89 of the same decision, this Court dealt with
    category of special Acts. In para 89, this Court held
    thus : (Satender Kumar Antil case [Satender Kumar
    Antil v. CBI
    , (2022) 10 SCC 51 : (2023) 1 SCC (Cri)
    1 : (2022) 10 SCR 351] , SCC p. 131)
    “89. We may clarify on one aspect which is on the
    interpretation of Section 170 of the Code. Our
    discussion made for the other offences would apply
    to these cases also. To clarify this position, we may
    hold that if an accused is already under
    incarceration, then the same would continue, and
    therefore, it is needless to say that the provision of
    the Special Act would get applied thereafter. It is
    only in a case where the accused is either not
    arrested consciously by the prosecution or arrested
    and enlarged on bail, there is no need for further
    arrest at the instance of the court. Similarly, we

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    would also add that the existence of a pari materia
    or a similar provision like Section 167(2) of the
    Code available under the Special Act would have
    the same effect entitling the accused for a default
    bail. Even here the court will have to consider the
    satisfaction under Section 440 of the Code.”

    30. Once cognizance is taken of the offence
    punishable under Section 4 PMLA, the Special
    Court is seised of the matter. After the cognizance is
    taken, ED and other authorities named in Section 19
    cannot exercise the power of arrest of the accused
    shown in the complaint. The reason is that the
    accused shown in the complaint are under the
    jurisdiction of the Special Court dealing with the
    complaint. Therefore, after cognizance of the
    complaint under Section 44(1)(b) PMLA is taken by
    the court, ED and other authorities named in
    Section 19 are powerless to arrest an accused
    named in the complaint. Hence, in such a case, an
    apprehension that ED will arrest such an accused
    by exercising powers under Section 19 can never
    exist.

    XXX
    33.3. After a summons is issued under Section
    204CrPC on taking cognizance of the offence
    punishable under Section 4 PMLA on a complaint,
    if the accused appears before the Special Court
    pursuant to the summons, he shall not be treated as
    if he is in custody. Therefore, it is not necessary for
    him to apply for bail. However, the Special Court
    can direct the accused to furnish bond in terms of
    Section 88CrPC;”

    4. Per contra, learned counsel for the respondent raises a preliminary
    objection regarding the maintainability of the present application. It is
    submitted that the petitioner, under the guise of seeking modification, is in
    effect seeking a review of the earlier order, which is impermissible in law.

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    Reliance is placed upon Section 362 of the Code of Criminal Procedure, 1973,
    as well as the decision in Dolly Mukherjee vs. Chhabi Mukherjee, (1990) 2
    SCC 437, to contend that no review or substantive modification of a final
    judicial order is maintainable.

    5. Learned counsel for the respondent further submits that the petitioner
    has been charge-sheeted for offences punishable under Sections
    406
    /409/420/468/471/120B IPC. It is contended that since Section 409 IPC
    carries punishment extending to imprisonment for life, the present case falls
    under Category B as classified in Satender Kumar Antil (supra). It is
    submitted that the Hon’ble Supreme Court has specifically held that in
    Category B cases, upon appearance of the accused pursuant to process issued
    by the Court, the bail application is required to be considered and decided on
    its own merits. The relevant paragraph are reproduced hereinbelow:

    “5. The trial courts and the High Courts will keep
    in mind the aforesaid guidelines while considering
    bail applications. The caveat which has been put by
    the learned ASG is that where the accused have not
    cooperated in the investigation nor appeared before
    the investigating officers, nor answered summons
    when the court feels that judicial custody of the
    accused is necessary for the completion of the trial,
    where further investigation including a possible
    recovery is needed, the aforesaid approach cannot
    give them benefit, something we agree with.

    XXX

    89. We may clarify on one aspect which is on the
    interpretation of Section 170 of the Code. Our
    discussion made for the other offences would apply
    to these cases also. To clarify this position, we may
    hold that if an accused is already under
    incarceration, then the same would continue, and

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    therefore, it is needless to say that the provision of
    the Special Act would get applied thereafter. It is
    only in a case where the accused is either not
    arrested consciously by the prosecution or arrested
    and enlarged on bail, there is no need for further
    arrest at the instance of the court. Similarly, we
    would also add that the existence of a pari materia
    or a similar provision like Section 167(2) of the
    Code available under the Special Act would have
    the same effect entitling the accused for a default
    bail. Even here the court will have to consider the
    satisfaction under Section 440 of the Code.”

    6. Learned counsel further draws the attention of this Court to the
    judgment in Satender Kumar Antil, as well Tarsem Lal, and submits that the
    latter judgment arose in the context of proceedings under the Prevention of
    Money Laundering Act
    before a Special Court and cannot be applied dehors
    the statutory scheme governing the present case.

    7. In rejoinder, learned senior counsel for the petitioner submits that this
    Court, being a constitutional court, is not denuded of its inherent jurisdiction
    merely because the earlier order has attained finality. It is submitted that the
    present application seeks only a modification to bring the earlier order in
    conformity with the settled legal position and does not amount to a review
    prohibited by Section 362 Cr.P.C.

    Conclusion:

    8. This Court has heard learned counsel for the parties and has perused
    the material placed on record.

    9. The principal contention raised by the petitioner is that since the
    charge-sheet was filed without his arrest, he cannot be directed to move a
    regular bail application before the learned Trial Court and should instead be

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58
    permitted to furnish bonds in terms of Section 91 of the BNSS.

    10. However, it is an admitted position that the petitioner has been charge-
    sheeted, inter alia, for the offence punishable under Section 409 IPC, which
    is punishable with imprisonment for life. The Hon’ble Supreme Court in
    Satender Kumar Antil (supra) has classified offences into different
    categories and has specifically provided separate guidelines for offences
    punishable with death, life imprisonment, or imprisonment exceeding seven
    years. Such cases fall under Category B, wherein the Court, upon appearance
    of the accused pursuant to process issued, is required to consider the bail
    application on its own merits.

    11. The reliance placed by the petitioner on Tarsem Lal (supra) is
    misplaced. The observations made therein arose in the context of proceedings
    under the Prevention of Money Laundering Act, where the statutory
    framework and the nature of the complaint before the Special Court were
    materially different. The said decision cannot be read to dilute or override the
    specific guidelines framed in Satender Kumar Antil (supra) governing
    Category B offences.

    12. The submission of the respondent that the petitioner did not cooperate
    during investigation and did not join the investigation are matters which shall
    remain open to be considered by the learned Trial Court while adjudicating
    the petitioner’s application for bail on its own merits.

    13. In view of the aforesaid discussion, this Court finds no ground to
    modify the order dated 13.07.2026. The application is accordingly dismissed.

    14. The order be uploaded on the website forthwith.

    MADHU JAIN, J
    JULY 24, 2026/b/P

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 28/07/2026 at 21:39:58



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