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BELA M. TRIVEDI, PRASANNA B. VARALE
Mamta Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
1. Leave granted.
2. The present appeal is directed against the impugned judgment and order dated 17.04.2023, passed by the High Court of Punjab and Haryana in CRM-M-No. 17439 of 2023, whereby the High Court had rejected the said petition filed by the present appellant seeking anticipatory bail in connection with the case FIR No. 13 dated 14.02.2023, registered at Police Station-Gharinda, District-Amritsar for the offence punishable under Section-306 of the Indian Penal Code.
3. Heard learned counsel for the parties and perused the material on record.
4. It is fairly submitted by the learned counsel appearing for the respondent-State of Punjab that pursuant to the Order passed by this Court on 21.10.2024, the appellant has joined the investigation as and when called upon to do so and that she has received a letter from the Investigating Officer stating therein that no more custodial interrogation of the appellant is required in the case.
5. In view of the above, we are inclined to accept the present appeal.
6. Hence, it is directed that in the event of the arrest of the appellant, in connection with the case FIR No. 13 dated 14.02.2023, registered at Police Station-Gharinda, Dis
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case.
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
Anticipatory bail granted due to the appellant's cooperation in the investigation, negating the need for custodial interrogation.
The court confirmed the grant of anticipatory bail to the appellant based on her cooperation in the investigation and the provisions of Section 438 of the Code of Criminal Procedure, 1973.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, gravity of offenses, and the role attributed to the accused, ....
Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
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