Judgment :

ALTAMAS KABIR, J.

1. Leave granted.

2. These Appeals arise out of the judgment and order passed by the Punjab & Haryana High Court on 19th March, 2010, in Crl.M. Nos.28847 and 28849 of 2008, allowing the application filed by the Station House Officer, Hodal Police Station, praying for police remand of the accused, Devender Kumar, for three days.

3. It appears that when the Appellant No.1, Devender Kumar, was produced before the Judicial Magistrate, Palwal on 8th October, 2008, in connection with case FIR No.333 dated 18th September, 2008, registered at Hodal Police Station, District Faridabad under Sections 498-A, 406, 506, 323 read with Section 34 IPC, an application was made for police remand by an officer of the rank of Assistant Sub-Inspector, which was rejected vide an order dated 8.10.2008, as the said application was contrary to the provisions of Section 167(1) Cr.P.C. which provide that an application for police remand can be made only by an officer not below the rank of Sub-Inspector. Accordingly, the Appellant No.1 was remanded to judicial custody and was directed to be produced on 22nd October, 2008. Subsequently, however, the position was rectified and as indicated hereinabove, an application was made by the S.H.O., Hodal, on 9th October, 2008, praying for grant of police remand of the accused/appellant Devender Kumar for a period of three days. It was mentioned therein that custodial interrogation of the accused was necessary for recovery of the dowry articles. The said application was dismissed by the learned Judicial Magistrate on 10th October, 2008. The learned Magistrate granted bail to Appellant No.1 by another order dated 10th October, 2008. The Respondent No.4, Kavita alias Shama, filed Criminal Misc. No.28847-M and 28849M of 2008 in the High Court of Punjab and Haryana praying for cancellation of the bail granted to the appellants. She also prayed for quashing of the orders dated 8.10.2008 and 10.10.2008 by which the application for remand of Appellant No.1 had been rejected. By the impugned order dated 19th March, 2010, the High Court allowed the Criminal Misc. Petitions and quashed the orders dated 8.10.2008 and 10.10.2008 upon holding that Devender Kumar, the Appellant No.1 herein, had made a disclosure statement that dowry articles had been given to him and those articles were lying in his house at Delhi, which could be identified and recovered. Aggrieved by the order dated 19.3.2010 passed by the High Court in Criminal Misc. Nos. 28847-M and 28849-M of 2008, the appellants have filed this appeal.

4. Appearing for the Appellants, Mr. Siddharth Luthra, learned Senior Advocate, urged that the order of the High Court impugned in these proceedings, directing cancellation of bail granted to the Appellants and further allowing the application for police remand filed on behalf of the Investigating Authorities and directing the arrest of the Appellants herein and committing them to police custody, was not only contrary to the established principles relating to cancellation of bail, but also violated the provisions of Section 167 (1) Cr.P.C. Mr. Luthra contended that once a disclosure statement was made, there was no further need for custodial interrogation as sought for by the investigating agency. He also submitted that there was no allegation that the Appellants had either misused the privilege of bail and had interfered with the investigation or had resorted to tampering with the evidence of witnesses or threatened them so as to disrupt the smooth process of investigation.

5. There is no allegation either that the Appellants had made themselves unavailable to the investigating agency after being released on bail. It was urged that despite the above, the High Court allowed the prayer for police remand simply upon observing that the Appellant No.1 made disclosures during investigation that the dowry articles which were given to him were lying in his house at Delhi which could be identified and reco