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M. M. SUNDRESH, RAJESH BINDAL
A. Mohamed Yusuf Ansari – Appellant
Versus
State Represented By The Inspector Of Police – Respondent
ORDER :
1. Permission to file SLP(Crl.) Diary No(s). 36032/2023 is granted.
2. Leave granted.
3. Seeking anticipatory bail for the offences punishable under Sections 406, 420, 120-B and 506(1) of the Indian Penal Code, 1860 (for short, ‘the IPC’), the present appeals have been filed by the appellants in SLP(Crl.) No.10817/2023 and SLP(Crl.) No. 10883/2023, who are the father-in-law of the de-facto complainant and the General Manager of the Company.
4. The SLP(Crl.) Diary No(s).36032/2023 has been filed by the de-facto complainant, challenging the anticipatory bail granted to his mother-in-law.
5. Though arguments have been made at length, what is not in dispute is that a sum of Rs.12.5 crores have already been paid on behalf of the appellant, namely, the father-in-law of the de-facto complainant to him. We have also been informed that the remaining amount has not been paid, which the learned senior counsel appearing for the appellants submits that they are unable to do so.
6. On a perusal of the complaint and taking note of the ousting relationship between the parties, we are of the view that the custodial interrogation of the appellants is not required.
7. In such view of the matter, we
Anticipatory bail granted when custodial interrogation is not required, considering the payment made and the relationship between parties.
The main legal point established is that joining the investigation and undergoing custody under certain sections of the IPC can be grounds for granting anticipatory bail.
Anticipatory bail granted due to lack of direct evidence against the petitioner, emphasizing that mere implication is insufficient for denial of bail.
Anticipatory bail – In the event of declaration under Section 82 of Cr.P.C., it is not as if in all cases that there will be total embargo on considering application for grant of anticipatory bail – ....
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.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
Anticipatory bail can be granted when custodial interrogation is not necessary, considering the nature of allegations and cooperation from the applicant.
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