Court Emphasizes Necessity of Custodial Interrogation in Cases Involving Serious Allegations and Economic Offences
In a significant ruling, the Punjab and Haryana High Court, presided by Justice Sumeet Goel, has denied the anticipatory bail plea of Ram Kishan, who is implicated in a case involving alleged tampering with traffic challans, causing a substantial loss to the state exchequer. The court underscored the importance of custodial interrogation in such cases to ensure a fair and thorough investigation.
The case revolves around allegations that Ram Kishan, in collusion with other accused individuals, manipulated traffic challans to involve minor offences instead of the actual serious ones. The investigation revealed a network of transactions facilitated through digital payment methods, indicating a systematic approach to compromising the integrity of traffic law enforcement.
The court highlighted the gravity of the allegations against Ram Kishan, including his role in transferring funds to co-accused involved in the scam. Despite the petitioner's counsel arguing his innocence and lack of control over the editing of challans, the court found no substantial grounds to support these claims at this stage.
Justice Goel, referring to precedents set by the Supreme Court, noted that anticipatory bail is an extraordinary remedy and should be granted sparingly, especially in cases involving economic offences that disrupt the economic fabric of society. The court emphasized that custodial interrogation is crucial for eliciting information that cannot be effectively obtained under the protection of pre-arrest bail.
The judgment also pointed out that the ongoing investigation is at a preliminary stage, and any concession of pre-arrest bail could impede the efforts to uncover the truth. The decision aligns with the court’s duty to balance individual rights with societal interests, ensuring that justice is served without compromising the integrity of the investigation.
The denial of anticipatory bail to Ram Kishan underscores the judiciary's stance on maintaining stringent measures against economic offences and ensuring thorough investigations in cases involving serious allegations of corruption and malfeasance.
Bottom Line:
The Court emphasized that anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in cases involving serious allegations and economic offences. Custodial interrogation is necessary for effective investigation and to uncover the truth.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482; Prevention of Corruption Act; Supreme Court precedents on anticipatory bail and custodial interrogation.
Ram Kishan v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2838778
