Case Note & Summary
The case involved an appeal against the rejection of anticipatory bail by the High Court of Madhya Pradesh. The appellant, Ashish Khare, sought anticipatory bail in connection with Criminal Case No. 200 of 2007. The High Court had denied the bail application on 31st August, 2008, leading to the present appeal. The Supreme Court noted that the appellant had not been cooperating with the investigation and was not traceable, which hindered the investigation process. The court directed the appellant to appear before the Investigating Officer on 1st December, 2010, and to continue appearing as required. It was also stated that if a charge sheet was filed, the appellant must surrender before the trial court and apply for regular bail. The interim order allowing the appellant to remain free until then was to continue. The appeal was disposed of with these directions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Non-cooperation in Investigation - Code of Criminal Procedure, 1973, Section 438 - The appellant's non-cooperation in the investigation led to the rejection of his anticipatory bail application by the High Court. The Supreme Court directed the appellant to appear before the Investigating Officer and stipulated conditions for his continued bail status pending investigation. Held that cooperation is essential for the investigation process (Paras 2-6).
Issue of Consideration
Whether the appellant should be granted anticipatory bail and the implications of non-cooperation in the investigation.
Final Decision
The Supreme Court directed the appellant to appear before the Investigating Officer on 1st December, 2010, and to continue appearing as required. The interim order allowing the appellant to remain free until a charge sheet is filed was to continue.
Law Points
- Anticipatory bail
- Non-cooperation in investigation
- Appearance before Investigating Officer
