The Supreme Court docket not too long ago addressed a critical false impression of legislation that if no case for custodial interrogation is made out by the prosecution, then that alone can be a very good floor to grant anticipatory bail.
Noting that custodial interrogation might be one of many related points to be thought of together with different grounds whereas deciding an software looking for anticipatory bail, a bench of Justices Surya Kant and JB Pardiwala mentioned, “There could also be many circumstances by which the custodial interrogation of the accused will not be required, however that doesn’t imply that the prima facie case in opposition to the accused must be ignored or neglected and he must be granted anticipatory bail.”
The court docket was additional of the view that the at the beginning factor the court docket listening to an anticipatory bail software ought to think about is the prima facie case put up in opposition to the accused after which the character of the offence must be seemed into together with the severity of the punishment.
Even when custodial interrogation shouldn’t be required or necessitated, by itself, can’t be floor to grant anticipatory bail, the bench held.
With this view, the Supreme Court docket put aside the anticipatory bail granted by the Kerala Excessive Court docket to an individual accused of sexually assaulting his 12-year-old niece.
In a case containing such critical allegations, the Excessive Court docket ought to not have exercised its jurisdiction in granting safety in opposition to arrest, because the investigating officer deserves freehand to take the investigation to its logical conclusion, the bench mentioned.
The highest court docket additional opined that look earlier than the investigating officer who has been prevented from subjecting the accused to custodial interrogation may hardly be fruitful to seek out out the prima facie substance within the allegations, that are of a particularly critical nature.
The truth that the sufferer lady, who was sexually assaulted by her accused maternal uncle, was traumatised to such a excessive diploma that her educational pursuits had been adversely impacted alone, coupled with the legislative intent mirrored via Part 29 (presumption of guilt of accused) of the POCSO Act, are ample to dissuade a court docket from exercising its discretionary jurisdiction in granting pre-arrest bail, the highest court docket held.
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