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- After the high court and trial court denied the anticipatory bail to the accused he approached the Supreme Court and filed special leave application under article 136 of the constitution.
- A First Information Report against the appellant and other co-accused for the offences punishable under Sections 419, 465, 468 and 471 read with Section 120-B of the Indian Penal Code, 1860 and Section 7-C of the Prevention of Corruption Act, 1988.
- On 25.08.2023 Supreme Court issued a notice and an interim order that the appellant shall not be arrested.
- Learned counsel for the appellant contended that in given circumstances appellant may be granted anticipatory bail whereas the learned council for respondent pleaded that the accused is the main accused in the case hence his custodial interrogation is required.
- Court observed that the F.I.R was registered against accused after six years of departmental inquiry but it is not the sufficient ground to grant anticipatory bail to accused.
- Further observed that it is of no gainsaying that the custody interrogation is the best way of investigating a crime but it is equally important that just because custody interrogation is not required that by itself not a ground to grant the anticipatory bail if the offence is of 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.
- Supreme Court set aside the impugned order passed by the High Court and granted the accused anticipatory bail.
Case name: ASHOK KUMAR VERSUS STATE OF UNION TERRITORY CHANDIGARH
Name: Sushant Uniyal, BBA LL.B. (HONS.),Law College Dehradun, Uttaranchal university, Intern under: Legal Vidhiya
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