HC: Pre-arrest bail not default option if no custodial quizzing | India News

HC: Pre-arrest bail not default option if no custodial quizzing | India News



CHANDIGARH: Grant of anticipatory bail can’t be treated as the default option for a court of law once the prosecution fails to make a case for custodial interrogation of the applicant, the Punjab and Haryana HC said, while rejecting a plea by a man charged with falsely claiming proximity to judges and taking money from a family to influence a case.
“Custodial interrogation can be one of the aspects to be considered alongside other grounds while deciding an application seeking anticipatory bail. There may be many cases in which custodial interrogation 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,” Justice Jasjit Singh Bedi said recently, citing a Supreme Court verdict.
The bail applicant, Jagdish Chand of Haryana’s Karnal district, stands accused of taking Rs 8 lakh from the complainant on the pretext of securing bail for the latter’s son, a murder accused.
According to the complaint filed at Karnal’s Assandh police station, Jagdish allegedly masqueraded as a HC official having a rapport with the judges. He and his alleged accomplice Jasmer Singh contacted the family of the murder accused with an offer to secure bail in exchange for cash. The complainant was assured that if his son didn’t get bail within a week, the duo would return the Rs 8 lakh.
“As the offence is prima facie established and the nature of the allegations are extremely grave, the petitioner is certainly not entitled to the concession of anticipatory bail,” Justice Bedi said, adding that the first thing any court hearing anticipatory bail application should consider is the case against the accused.





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