Summary
The Court granted anticipatory bail to a retired Punjab DGP for the murder offence added to a case concerning an alleged 1991 custodial killing. The approximately 29-year delay, earlier bail for the other offences and subsequent addition of murder on approvers’ statements supported relief on these facts. The legality of the fresh FIR and allegations of mala fides remained for the separate pending quashing proceedings.
Issues
- Whether the appellant should receive anticipatory bail for the subsequently added murder offence, without deciding the pending challenge to the FIR itself.
Provisions considered
- Section 438, Code of Criminal Procedure, 1973Granted anticipatory bail on the cumulative circumstances, particularly prolonged delay, the earlier bail order and the later addition of murder based on approvers’ statements. (¶¶ 6, 7, 8, 9, 10)
Held
- The appeal concerned anticipatory bail alone. Questions of political vendetta, mala fides and maintainability of the fresh FIR were not finally examined because the quashing challenge remained pending. (¶¶ 6, 7, 8)
- Delay need not be fatal to criminal proceedings, but the roughly 29-year interval here, including nine years after the earlier Supreme Court decision without intervening action shown by the informant, was a valid consideration for anticipatory bail on the particular facts. (¶¶ 7, 8)
- The appellant’s retirement after long service, pre-existing anticipatory bail for the initially alleged offences, and addition of Section 302 on the approvers’ statements cumulatively justified anticipatory bail. (¶ 9)
- In the event of arrest for the murder offence in the specified FIR, release was directed on a personal bond of Rs.1 lakh and two sureties of the like amount, surrender of passport and cooperation with investigation, without prejudice to the pending quashing challenge. (¶¶ 10, 11)
Result
Appeal allowed to the stated extent; High Court and Sessions Court refusals of anticipatory bail set aside. Conditional anticipatory bail granted for the Section 302 offence; FIR validity left for the pending proceedings.