The Court allowed an application for pre-arrest bail in a case involving matrimonial discord and allegations of cruelty, arson, and endangering life. The Court held that there was no need for custodial interrogation and found no likelihood of the Petitioner absconding.
Released on pre-arrest bail upon cooperation with investigation.
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ABLAPL No.252 of 2021
Heard the learned counsel for the Petitioner and learned counsel for the State.
Learned counsel for the Petitioner submits that though F.I.R. under Sections 307 and 313 of I.P.C. has been registered besides the other offences, but prima facie the material would go to show that the aforesaid two offences are not made out. According to him, there is absolutely no injury demonstrating intention to cause death of the informant, so also as the wife has voluntarily gone to the doctor for termination of the pregnancy, the Section 313 of I.P.C. is not made out. The dispute arose out of a marital discord. The Petitioner is ready and willing to cooperate with the investigation and he has also no chance of absconding. In such premises, the Petitioner deserves to be released on prearrest bail, submits that learned counsel for the Petitioner.
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Learned counsel for the State submits that there is allegation of miscarriage and the old scar marks shows consistent torture. In such premises, he submits to reject the prayer for bail of the Petitioner. However, he fairly submits that the custodial interrogation of the Petitioner is not required for further investigation.
Regard being had to the facts and submissions made, especially the nature and character of incriminating materials in regard to the charge under Sections 307 and 313 of the I.P.C. and the matter arises out of a marital discord, custodial interrogation of the Petitioner is not required for collection of further evidence, Petitioner’s release shall not be an hindrance to a free and fair investigation, coupled with the fact that there is no material to show that he shall abscond on being released on pre-arrest bail, this Court is of the view that the Petitioner deserves to be released on pre-arrest bail, moreso when he is ready and willing to cooperate with the investigation.
Hence, it is directed that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.
However, the aforesaid order is subject to the condition that the Petitioner shall cooperate with the
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investigation and no other graver offence is reported against the Petitioner besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
…………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether the Petitioner is entitled to release on prearrest bail in a matrimonial case.
Whether custodial interrogation is necessary for further investigation.
2 provisions across 2 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
