Dilbag Singh v. State Of Punjab
!"#"
$% &'
('
'''' " "
$ )
'''' #* $+ $ # % ,- .' . -
! "
#####
$
%&'
() '*'+
,-.
)/0 '**/'*'/
%'*-1
$+
2
3.
4 '*$%
.
1
' (
5
+
7
7
8
'**9'*''+**$'*'+
,-. : 8
'**/'*'/
5
*'
7 :
;
.% +/ ***;<
.$$ '$ %$=;<
./ $& ***;<
7
: .+ /* ***;<
8
8
:
8
:
7
> 8
7
8
8
7
8 %
,-.
8
8
1
?
$9$''*'/ / @
!
8
7
,-. 7
8 <
8
7
8 !
!
7
7 8 <
8
7
:
8
A
8
7
=
)'
!
8 9
,-.8
2
2
8
5
8
(
B
1
:
<
"
8
1
& -
8
1 : 8
342
1
! 8
A
A
8
:
-8
7 >
1
! "##$ $
"%$
"6. We find, force in the submission of CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful information and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is
interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
0 ,
7 C
1 &
' ( ) *+ +, ,+ * & -."# #
-/
8
8
2
< "77. After referring to Siddharam Satlingappa Mhetre and other judgments and observing that anticipatory bail can be granted only in exceptional circumstances, in
0
1
) +,
, the Supreme Court held as under: (SCC p.386, para 19) "19. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, the court must record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has falsely been enroped in the crime and would not misuse his liberty=.
*++ * ,,*
78. Power under Section 438 CrPC being an extraordinary remedy, has to be exercised sparingly; more so, in cases of economic offences. Economic offences stand as a different class as they affect the economic fabric of the society. In *+
+, ,+ * )
+0 34 , it was held that in economic offences, the accuse is not entitled to anticipatory bail. DDDDDDDDD
83. Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation. Having regard to the materials said to have been collected by the respondent Enforcement Directorate and considering the stage of the investigation, we are of the view that it is not a fit case to grant anticipatory bail=. $*
1
5
8
2
$$ -
/ -0
&'
(' D.Bansal
! ;
;)
;)