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2007 Supreme(Del) 1235

141 (2007) DELHI LAW TIMES 94
DELHI HIGH COURT
R.S. Sodhi, J. (Vacation Bench)
ASHOK KUMAR GUPTA – Petitioner
versus
STATE – Respondent
Bail Appln. 1190 of 2007
Decided on 4.6.2007

Advocates appeared:
For the Petitioner:Mr. Sidharth Luthra and Mr. Swetank Shantanu, Advocates.
For the Respondent:Mr. O.P. Saxena and Mr. V.K. Malik, Advocates.

Custodial interrogation is not necessary when the petitioner is willing to cooperate with the investigation and not interfere with witnesses.

Headnote:

Pre-Arrest Bail - Custodial Interrogation - Section 120-B, IPC - POC Act, 1988

Fact of the Case:

The petitioner sought pre-arrest bail, contending that he had offered assistance to the Investigating Officer and that the rejection of his bail was based on an erroneous assumption about certain documents.

Finding of the Court:

The court disagreed with the system of custodial interrogation to find out the truth and granted the petitioner bail, with the condition to join the investigation, cooperate, cause no impediment, and not tamper with witnesses.

Issues: The main issue was the necessity of custodial interrogation and the validity of the rejection of the petitioner's bail.

Ratio Decidendi: The court found that custodial interrogation was not necessary and granted bail based on the petitioner's cooperation and assurance not to interfere with the investigation.

Final Decision: The petitioner was granted bail on the condition of furnishing a personal bond and sureties, and was required to join the investigation and cooperate.

ORDER

1. This is an application for pre-arrest bail.

2. It is contended by learned Counsel for the petitioner that the petitioner has all alone offered assistance to the Investigating Officer and continues to do so. He further contends that the order rejecting his bail by the Trial Court is on erroneous assumption that certain documents have been filed, which are forged bills.

3. Counsel for the State submits that they have yet to find out the place from where the petitioner had purchased the Bitumen and the custodial interrogation is necessary only for this purpose.

4. I have heard learned Counsel for the parties. I do not agree with the system of custodial interrogation to find out the truth. Surely the law permits interrogation without subjecting him to third decree methods.

5. Be that as it may, in the facts and circumstances of the case, the petitioner, if sought to be arrested in case F.I.R. No. 24/2004, under Section 120-B read with Section 420, IPC, and Section 13(2) read with Section 13(i)(d) of POC Act, 1988, Police Station AC Branch, shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount to the satisfaction of the Arresting Officer. However, the petitioner shall continue to join investigation as and when required, shall co-operate with the investigation shall cause no impediment in the investigation and shall not tamper with the witnesses. The petitioner shall join investigation on 5.6.2007 at 10.30 a.m. -

6. The application is disposed of in the aforesaid terms.

Dasti.

Application disposed of.


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