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SUPREME COURT OF INDIA
UDAY UMESH LALIT, S. RAVINDRA BHAT, JJ
Dheeraj Bhadviya - Appellant
Versus
State Of Rajasthan & Anr. – Respondent
Criminal Appeal No.358 of 2022(Arising out of SLP (Crl.) No.5960 of 2018)
Decided on : 07-03-2022
Anticipatory Bail - Section 438 of the Code of Criminal Procedure, 1973 - The court allowed the appeal, set aside the order passed by the High Court, and directed the appellant to be released on bail with certain conditions.
Fact of the Case:
The appellant sought anticipatory bail in connection with a crime registered under Section 306 IPC. The High Court rejected the application, leading to the present appeal.
Finding of the Court:
The court allowed the appeal, set aside the High Court's order, and directed the appellant to be released on bail with specific conditions.
Issues: The main issue was the grant of anticipatory bail to the appellant in connection with the registered crime.
Ratio Decidendi: The court considered the circumstances and decided to grant bail to the appellant with certain conditions, emphasizing the need for cooperation in the investigation.
Final Decision: The appeal was allowed, and the appellant was directed to be released on bail with specified conditions.
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 05.02.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9433 of 2017.
3. Apprehending arrest in connection with crime registered pursuant to First Information Report No.345/2017 dated 19.08.2017 lodged with Police Station Ambamata, District Udaipur, Rajasthan, for the offence punishable under Section 306 IPC, the appellant preferred an application for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973. The application having been rejected by the High Court, the present appeal has been preferred.
4. While issuing notice vide order dated 13.08.2018, the interim relief of stay of arrest was granted to the appellant, which relief the appellant has enjoyed for the last 3½ years.
5. Consequently, without making any reflection on merits of the matter, we allow this appeal, set-aside the order passed by the High Court, and direct as under:
b) The appellant shall extend complete co-operation in the ensuing investigation and in order to facilitate the investigation, the appellant shall present himself before the Investigating Officer on 14.03.2022 at 11.00 a.m. and shall continue to remain present from 11.00 a.m. to 5.00 p.m. during the entire week.
6. With these observations, the appeal is allowed.
The main legal point established is the entitlement to anticipatory bail in connection with specific criminal offences under the IPC, subject to specified conditions.
The court may grant anticipatory bail based on the allegations in the First Information Report and the attending circumstances, if the case of anticipatory bail is made out.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
Anticipatory bail is permissible when an individual is not implicated in final investigative reports and maintains active cooperation with authorities, especially when parity with co-accused is estab....
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