ASHOK KUMAR VERMA
Sachin @ Sachin Ahuja – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ashok Kumar Verma, J. - Mr. Viney Saini, Advocate appears on behalf of the complainant and files Vakalatnama which is taken on record.
2. Short reply by way of affidavit filed in Court by the State is taken on record.
3. The petitioner has approached this Court by filing this petition under Section 438 of the Cr.P.C. for grant of anticipatory bail to him in FIR No.110 dated 3.5.2022 under Sections 406, 420 of the IPC registered at Sector 9, Ambala City, District Ambala.
4. Learned counsel for the petitioner, inter alia, contends that there is a land dispute between the petitioner and the complainant. The matter is purely of civil nature. It may at best be a case of specific performance and suit is pending between the parties. But a civil dispute is tried to be given the colour of criminal wrong doing. Learned counsel further submits that nothing is to be recovered from the petitioner and thus no custodial interrogation is required.
5. On the contrary, learned counsel for the State, while referring to its short reply, submits that the petitioner alongwith other co-accused played fraud upon the complainant and duped and cheated the complainant. During the course of investigation
Custodial interrogation is necessary in exceptional cases, and Article 21 of the Constitution is subject to the procedure established by law.
The main legal point established in the judgment is the seriousness of the allegations, the need for custodial interrogation to uncover the modus operandi, and the court's discretion in dismissing th....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.