Under the Code of Criminal Procedure, 1973, what follows on a plea for anticipatory bail where the accused has joined the investigation and the Investigating Officer states that no further custodial interrogation is required?

Code of Criminal Procedure, 1973 — Anticipatory bail — Indian Penal Code, 1860 — s.306 — Abetment of suicide — Custodial interrogation not required — Liberty to seek cancellation —

Code of Criminal Procedure, 1973 — Anticipatory bail — Investigation joined — No custodial interrogation required —

Held: Where the accused has joined the investigation as and when called upon and the Investigating Officer states that no more custodial interrogation is required, the plea for anticipatory bail ought to be accepted. (¶4, 5)

Code of Criminal Procedure, 1973 — Anticipatory bail — Breach of conditions — Cancellation —

Held further: The State remains at liberty to apply for cancellation should any condition imposed by the Trial Court be violated or breached. Appeal allowed. (¶7, 8)

Under the Code of Criminal Procedure, 1973, what follows on a plea for anticipatory bail where the accused has joined the investigation and the Investigating Officer states that no further custodial interrogation is required?

The plea ought to be accepted. Where the accused has joined the investigation as and when called upon to do so, and the Investigating Officer has stated in writing that no more custodial interrogation is required in the case, the Court is inclined to accept the appeal and direct release on bail in the event of arrest, on such terms and conditions as the Trial Court may impose. [¶4, ¶6]

Does the grant of anticipatory bail under the Code of Criminal Procedure, 1973 foreclose the State from seeking its cancellation?

No. The State remains at liberty to file an appropriate application seeking cancellation of bail in case any of the conditions imposed by the Trial Court are violated or breached by the accused. [¶7]

What did the Supreme Court finally decide in this appeal?

The appeal was allowed. It was directed that in the event of arrest in connection with the FIR, the appellant shall be released on bail, if not required in any other case, on such terms and conditions as may be imposed or deemed fit by the Trial Court, with liberty to the State to seek cancellation on breach. [¶6, ¶8]

“4. It is fairly submitted by the learned counsel appearing for the respondent-State of Punjab that pursuant to the Order passed by this Court on 21.10.2024, the appellant has joined the investigation as and when called upon to do so and that she has received a letter from the Investigating Officer stating therein that no more custodial interrogation of the appellant is required in the case.”

“5. In view of the above, we are inclined to accept the present appeal.”

“6. Hence, it is directed that in the event of the arrest of the appellant, in connection with the case FIR No. 13 dated 14.02.2023, registered at Police Station-Gharinda, District-Amritsar, she shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed or deem fit by the Trial Court.”

“7. It goes without saying that the responden-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.”