Supreme Court: Can’t deny anticipatory bail on ground of custodial interrogation | India News


NEW DELHI: Supreme Court has said that mere assertion of custodial interrogation by an investigating agency would not be sufficient to deny anticipatory bail to an accused and the state had to prima facie convince the court why interrogation is required for the purpose of investigation.
“There is no gainsaying that custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufficient. The State would have to show or indicate more than prima facie why the custodial interrogation of the accused is required for the purpose of investigation,” a bench of Justices J B Pardiwala and Manoj Misra said.
Applying the principle, the bench granted bail to an accused after noting that he was cooperating in the investigation. “One good ground which has persuaded us to exercise our discretion in favour of the appellant is that the appellant has already joined the investigation. He has cooperated in the investigation so far,” the bench said and set aside Punjab and Haryana HC order rejecting pre-arrest bail plea of the accused.


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