Case Note & Summary
The judgment pertains to two applications for anticipatory bail filed by Shyamsundar Radhyesham Agarwal and Balwant Kashinath Patil in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881. The applicants are accused in a cheque dishonour case. They sought pre-arrest bail apprehending arrest during investigation. The court noted that the offence under Section 138 NI Act is bailable and that the applicants are willing to cooperate with the investigation. The court observed that custodial interrogation may not be required. Accordingly, the court granted interim anticipatory bail to both applicants until the next hearing date, subject to conditions including attending the investigating officer as required, not tampering with evidence, and not leaving the country without permission. The matter was adjourned for further consideration.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offence under Section 138 NI Act - The applicants sought pre-arrest bail in a cheque dishonour case. The court held that since the offence is bailable and the applicants are willing to cooperate, custodial interrogation is not necessary. Interim anticipatory bail was granted till the next date, with conditions to attend the investigating officer and not tamper with evidence. (Paras 1-5)
Issue of Consideration
Whether the applicants are entitled to anticipatory bail in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881, pending investigation.
Final Decision
The court granted interim anticipatory bail to both applicants until the next hearing date, subject to conditions including attending the investigating officer as required, not tampering with evidence, and not leaving the country without permission.
Law Points
- Anticipatory bail
- custodial interrogation
- bailable offence
- Section 138 Negotiable Instruments Act
- 1881
- Section 438 Code of Criminal Procedure
- 1973
