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SUPREME COURT OF INDIA
ANIRUDDHA BOSE, SUDHANSHU DHULIA, JJ.
Sunita Devi and Another – Appellants
Versus
The State of Haryana – Respondent
Criminal Appeal No. 2155-2156 of 2022 SLP (Criminal) Nos. 7323-7324 of 2021
Decided On : 02-12-2022
Criminal Procedure Code, 1973 – Section 438 – Pre-arrest bail – Refusal by High Court – Offences alleged against appellants primarily relate to cheating in connection with certain land related transactions – In the event appellants cooperate with Investigating Agency, custodial interrogation would not be necessary at this stage – Judgment of High Court refusing pre-arrest bail to appellants and subsequent order passed declining appellants’ plea for recalling order of dismissal of their petition for anticipatory bail set aside – Appellants have joined investigation and at this stage, there is no allegation as regards their participation in investigation – Pre-arrest bail granted – In the event appellants refuse to cooperate with investigating agency at any subsequent stage, it shall be open to State to apply for cancellation of bail before Trial Court. (Paras 4, 5, 6, 7, 8 and 9)
Result : Appeals allowed.
ORDER :
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. It is submitted on behalf of the appellants that both of them have joined investigation.
4. Learned counsel for the State also does not dispute this. The offences alleged against the appellants primarily relate to cheating in connection with certain land related transactions.
5. In such circumstances, in our opinion, in the event the appellants cooperate with the Investigating Agency, custodial interrogation would not be necessary at this stage.
6. We, accordingly, set aside the judgment of the High Court refusing pre-arrest bail to the appellants and the subsequent order passed declining appellants’ plea for recalling the order of dismissal of their petition for anticipatory bail.
7. Let the appellants be enlarged on bail in the event of their arrest, on such terms the concerned court may consider fit and proper.
8. We are passing this order having regard to the fact that the appellants have joined the investigation and at this stage, there is no allegation as regards their participation in investigation.
9. In the event the appellants refuse to cooperate with the investigating agency at any subsequent stage, it shall be open to the State to apply for cancellation of the bail before the Trial Court.
10. The appeals are allowed in the above terms.
11. Pending applications, if any, shall also stand disposed of.
Pre-arrest bail can be granted where alleged offence is not grave in nature and accused has joined investigation.
The main legal point established is that 'cooperation' in the context of investigation does not require the accused to confess guilt, and custodial investigation may not be necessary if the accused i....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation and without expressing any opinion on the merits of the case.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation agency and lack of requirement for further custodial interrogation.
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