Ravinder Singh v. State Of Punjab

 


  

  

   

  























   

  

 

  



   


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"SHO Police station Cityl Abohar, Jai Hind. It is submitted that I ASI alongwith Senior Constable Maninder Singh, Sr. Constable Rakesh Kumar, PHG Jai Chand were present near Pali Da Dhaba by pass Malout Road, Abohar on a private car, then informer gave a information that Sony s/o Gurcharan Singh r/o Village Piori Road, Gidderbaha, Jagga Singh s/o Bachittar Singh, resident of

 Jangi Rana, District Bathinda are committing theft of Motorcycles from Abohar City and from nearby areas. Alongwith them Gurpreet Singh s/o Jasvir Singh r/o Teona who is owner of Teona Motors Talwandi Sabo, a motorcycle agency and his Mangar Sukhwinder Singh s/o Amarjit Singh r/o Fatehgarh are also conniving. Soni and Jagga Singh are taking stolen motorcycles to them and agents are also conniving with them, who are getting duplicate RCs of motorcycles and by forging the signatures of original owner and by preparing the affidavit, they are selling stolen motorcycles on full rate to innocent persons. They are transferring the ownership in the registration certificate through the agents. Today Soni and Jagga are roaming in Abohar on a motorcycle which is without number plate and now they will go to Gidderbaha via malout road.

If nakabandi is hold at appropriate place then they can be apprehended with stolen motorcycle. Information is solid and reliable and thus accused have committed offence under sections 303 (2), 338, 336 (3), 340 (2), 61 (2) of BNS. Thus, ruga is hereby sent through PHG Jai Chand for registration of case against Sony, Jagga Singh, Gurpreet Singh, Sukhwinder Singh and unknown agents. After registering the case, FIR number be intimated. PCR Fazilka be informed, Special reports be issued. I alongwith companions going for nakabandi near Bahavwali link road, Bye pass Abohar. Sd/Bhupinder Singh ASI."

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>It may be true, as pointed out by learned counsel appearing for Respondent No.1, that chargesheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation.

Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail.

We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted.

There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail.

 mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."



 








 

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"We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded 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 informations and also material 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 prearrest 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 thirddegree methods needs 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."

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 sham Whether speaking/reasoned : Yes/No Whether reportable : Yes/No