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SUPREME COURT OF INDIA
DIPANKAR DATTA, PRASHANT KUMAR MISHRA, JJ.
Manojbhai Ramsingbhai Gamit – Appellant
VERSUS
The State of Gujarat – Respondent
Criminal Appeal No. 37 of 2025 [Arising out of SLP (Crl.) No. 15159 of 2024]
Decided On : 02-01-2025
ORDER
1. Leave granted.
2. By the impugned order dated 25th April, 2024, the High Court has rejected the appellant’s prayer for bail in anticipation of arrest.
3. The appellant is an accused in FIR No. C.R. 11214042231585 dated 22nd December, 2023 registered with Police Station Olpad, Surat. It is alleged in the FIR that the appellant along with others, by supplying gas bottles having quantity of gas less than what each bottle should have contained, has committed offence(s) punishable under Section(s) 406, 409, 420, 462, 285 and 120(B) of the Indian Penal Code, 1860 and Sections 3 and 7 of Essential Commodities Act, 2020.
4. We have heard learned counsel appearing for the appellant as well as the respondent-State.
5. Apart from the appellant, there are 12 (twelve) co-accused. Of them, majority has been released on bail while a lady-accused has been released on pre-arrest bail. It is also not in dispute that the appellant has joined the investigation in terms of a previous order of this Court.
6. Having regard to the nature of allegations as well as the factors noticed above, we are of the considered opinion that custodial interrogation of the appellant is not necessary
7. The impugned order stands set aside. It is directed that in the event of the appellant being arrested in connection with proceedings arising out of the aforesaid FIR, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
8. Needless to observe, the appellant shall continue to join the investigation as and when called upon to do so by the investigating officer and also co-operate in the ensuing trial. He shall not, directly or indirectly, by inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to any police officer or to the court.
9. It is made clear that in the event the appellant breaches any of the terms and conditions imposed by it, the trial court shall be at liberty to cancel the bail of the appellant.
10. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
11. The appeal is allowed in the above terms.
12. Pending application(s), if any, stand disposed.
Custodial interrogation is not necessary if the accused cooperates with the investigation and other co-accused have been granted bail.
The main legal point established in the judgment is the application of Section 438 of the Code of Criminal Procedure, 1973, in granting bail to the applicant-accused in connection with the FIR regist....
Bail in anticipation of arrest granted to a septuagenarian accused, emphasizing the necessity of custodial interrogation and the nature of the charges.
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case.
The court established that continued detention pending trial is unjustified when charges have been framed but the trial has not commenced, warranting the grant of bail.
Bail in anticipation of arrest is granted when custodial interrogation is not warranted, emphasizing the importance of evidence in abetment of suicide cases.
The main legal point established in the judgment is that bail may be granted based on the lack of evidence connecting the accused with the offence, the nature of allegations, and the accused's cooper....
The court established that anticipatory bail can be granted even for serious allegations when custodial interrogation is not deemed necessary, emphasizing the rights of the accused.
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