Case Note & Summary
The case involves a criminal appeal filed by Gangaram alias Guddu S/o Tannumal Karda and Aman S/o Gangaram Karda against the rejection of their pre-arrest bail application by the Sessions Court. The appellants were accused in an offence registered at Goregaon Police Station, District Gondia. The appellants sought anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, which was rejected by the learned District Judge-2 and Additional Sessions Judge, Gondia vide order dated 22/12/2021 in Misc. Criminal Bail Application No.351 of 2021. The appellants then appealed to the High Court. The main legal issue was whether pre-arrest bail should be granted when the investigating officer had categorically stated that custodial interrogation of the appellants was not necessary, and the trial court itself had observed that the possibility of false implication could not be ruled out. The appellants argued that there was a delay in lodging the FIR and that the complaint was filed to falsely implicate them. The State opposed the application, pointing to a witness statement in the case diary as prima facie material. The High Court, after perusing the case diary and considering the FIR contents and the Sessions Court's findings, noted that the investigating officer had specifically stated that custodial interrogation was not necessary, and the trial court had expressed the possibility of false implication. The court found that no prima facie incriminating material was available against the appellants. Consequently, the High Court allowed the appeal, set aside the Sessions Court's order, and granted pre-arrest bail to the appellants subject to conditions.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Pre-arrest Bail - Custodial Interrogation - The court considered whether pre-arrest bail should be granted when the investigating officer stated that custodial interrogation was not necessary and the trial court noted a possibility of false implication. Held that in the absence of prima facie incriminating material, pre-arrest bail should be granted (Paras 4-7).
Issue of Consideration
Whether pre-arrest bail should be granted when the investigating officer states custodial interrogation is not necessary and there is a possibility of false implication.
Final Decision
Criminal Appeal allowed. Order dated 22/12/2021 passed by District Judge-2 and Additional Sessions Judge, Gondia in Misc. Criminal Bail Application No.351 of 2021 is quashed and set aside. The appellants are directed to be released on pre-arrest bail on executing PR bond of Rs.25,000/- each with one surety of like amount. The appellants shall attend the concerned police station as and when called by the Investigating Officer and shall not tamper with prosecution evidence.
Law Points
- Pre-arrest bail
- custodial interrogation
- false implication
- prima facie material
