1. Appeal against denial of protection under Section 438 Cr.P.C. in a matter involving suicide. (Para 2 , 3 )
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2018 Supreme(SC) 163
SUPREME COURT OF INDIA
KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR, JJ.
Bhausaheb - Appellant
Versus
The State of Maharashtra - Respondent
Criminal Appeal No. 194 of 2018 (Arising From SLP (Crl) No. 26 of 2018)
Decided On : 30-01-2018
Important Points
The court balanced the appellant's need for protection under Section 438 Cr.P.C. with the requirement for cooperation in the ongoing investigation.
Subject
Criminal Law - Bail and Pre-Trial Release
Act Referred
Headnote
Section 438 Cr.P.C. - Protection - The court granted protection to the appellant under Section 438 Cr.P.C. on the condition that he would cooperate with the investigation.
Fact of the Case:
The appellant sought protection under Section 438 Cr.P.C. after being denied by the High Court. The appellant had taken voluntary retirement in 2011, and the suicide in question occurred in 2017. The investigation was still in progress.
Finding of the Court:
The court found that the appellant needed to be given protection on the condition of cooperation with the investigation, and thus granted bail with certain conditions.
Issues: The denial of protection under Section 438 Cr.P.C., the stage of the investigation, and the need for the appellant's cooperation.
Ratio Decidendi: The court's decision was influenced by the need to balance the appellant's protection with the requirement for cooperation in the ongoing investigation.
Final Decision: The appellant was granted bail on the condition of executing a bond and providing sureties, subject to the conditions under Section 438(2) of the Cr.P.C. and cooperation with the investigation.
Legal Category Hierarchy
Table of Contents
2. State submits that the investigation is currently in progress and yet to be completed. (Para 3 )
3. The court observed that the appellant is entitled to protection provided he cooperates with the investigation. (Para 4 )
4. Protection under Section 438 Cr.P.C. may be granted on the condition of cooperation with the investigation. (Para 4 )
5. Appeal disposed of; appellant granted anticipatory bail subject to bond, sureties, and conditions under Section 438(2) Cr.P.C. (Para 5 , 6 )
6. Under what condition may a court grant protection under Section 438 Cr.P.C. during an ongoing investigation?
A court may grant protection under Section 438 Cr.P.C. if it deems the appellant needs protection, provided the appellant agrees to cooperate with the investigation. (Para 4 )
7. What are the typical requirements for the release of an individual granted anticipatory bail?
The individual is typically required to execute a bond with sureties and comply with the statutory conditions stipulated under Section 438(2) of the Cr.P.C. (Para 5 )
JUDGMENT :
Kurian, J.
Leave granted.
2. The appellant approached this Court aggrieved by the denial of protection under Section 438 Cr.P.C. by the High Court.
3. While issuing notice by order dated 12.01.2018 this Court noted that the appellant had already taken voluntary retirement in the year 2011 and the suicide is of the year 2017. We had requested the learned counsel for the State to get instruction as to the stage of the investigation. Learned counsel for the State submits that the investigation is in progress and the same is yet to be completed.
4. Having gone through the materials made available to the Court and having heard the learned counsel for the parties, we are of the view that it is a case where the appellant needs to be given protection on the condition that he would cooperate with the investigation.
5. Accordingly, this appeal is disposed of as follows:
In case the appellant is arrested in connection with FIR No. 115/2017 registered at P.S. Rahata, he shall be released on bail on his executing bond to the tune of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount. However, this is subject to the conditions under Section 438(2) of the Cr.P.C. and the appellant shall cooperate with the investigation.
6. Pending applications, if any, shall stand disposed of.
