Xxxx v. U.T Chandigarh
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2 "Statement of Tarun, Son of Late Rakesh Kumar, Resident of House No. 3228, Sector 38 D, Chandigarh, Age 20 Years, Mobile No. 9988511138, has stated that "I reside at the aforementioned address along with my family and I am employed in a private job. Yesterday, on the date 25.12.2024, my maternal uncle's son, Raj, son of Sanjay, resident of House No. 6607, Shimlapuri, Ludhiana, Punjab, age 19 years, had come to Chandigarh for a visit on account of Christmas Day, I took my maternal uncle's son along with me to attend a party at a club in Sector 26, Chandigarh. At approximately 12:05 AM, I was standing with my maternal uncle's son in front of the public toilet
adjacent to The Great Bear, Sector 26, and we were engaged in conversation. At that moment, four to five boys came running toward us from the direction of Madhya Marg Road, all of whom were carrying sharp:edged knife:like weapons in their hands. Out of them, I identified three individuals by name:1. Samir, 2. Makhan, 3. Kala. Immediately upon arrival, Samir, Makhan, Kala, and the other unknown individuals assaulted me and began shouting, "Do not let him live today; we will kill him today." Makhan held both of my hands, Samir gave injuries in the abdomen and Kala stabbed me in the back with a knife:like weapon.
Another unknown person, who was holding a helmet in his hand, struck my maternal uncle's son Raj, on the face, with the helmet and thrown down to the ground, and beaten with kicks and fists, due to injury with sharp edged weapon, I, received a large wound on my stomach and blood started to flow, and I started screaming in pain and fell to the ground. On seeing me scream, a few people standing at a distance ran towards me, and seeing people coming towards me, Samir, Kala, Makhan, and other unknown persons ran away from the spot with the sharp weapon. Some unknown person took me and my maternal uncle's son Raj to GMSH Sector 16 Chandigarh, where the doctor referred me to PGI Sector 12 Chandigarh. I am under treatment at PGI Sector 12 Chandigarh and due to being wounded in the stomach with a sharp weapon, I am in a lot of pain.
Samir, Kala, Makhan, and other unknown persons injured me with the intention of killing me using a sharp weapon. I can also identify the other unknown persons if they come in front of me. Legal action should be taken against Samir, Kala, Makhan, and others. Sd/: Tarun Attested: Ashwani Kumar, SI 1462/CHG, PS:26 Chandigarh."
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4 62 >It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge:sheet 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. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not 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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2 "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 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 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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Whether speaking/reasoned Yes/No Whether reportable Yes/No