Summary
The Supreme Court granted anticipatory bail to the appellant, accused under Section 306 IPC, after the State conceded that she had joined the investigation under the Court's interim order and that the Investigating Officer no longer required her custodial interrogation.
Issues
- Whether the appellant, whose plea for anticipatory bail in an FIR under Section 306 IPC had been rejected by the High Court, should be granted protection from arrest.
Provisions considered
- Section 438, Code of Criminal Procedure, 1973Exercising the power to direct release on bail in the event of arrest, the Court directed that the appellant be released on bail if arrested, on terms to be fixed by the Trial Court, since custodial interrogation was no longer needed. (¶¶ 2, 4, 6)
Held
- No question of law was decided. On the State's statement that the appellant had cooperated with the investigation and that the Investigating Officer had written that no further custodial interrogation was required, the appellant was held entitled to anticipatory bail. (¶¶ 4, 5, 6)
- The State remains free to seek cancellation of bail if the appellant breaches any condition imposed by the Trial Court. (¶ 7)
Result
Appeal allowed; High Court's order set aside; appellant to be released on bail in the event of arrest on conditions fixed by the Trial Court, with liberty to the State to seek cancellation on breach.