Abdul Hamit Ansari & Ors. Vs. State of Maharashtra
EmailAppeal: Criminal Appeal No.295 of 2000
(Arising out of S.L.P. (Crl.)No. 3923 of 1999)
Petitioner: Abdul Hamit Ansari & Ors.
Respondent: State of Maharashtra
Apeal: Criminal Appeal No.295 of 2000
(Arising out of S.L.P. (Crl.)No. 3923 of 1999)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Mar 16, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Sections 438, 439 – Murder case – No arrest – Further investiga-tion – Names of Appellants included in suspects – Pre-arrest bail – If can be granted – Deceased described as “dreaded”. Held that pre-arrest bail is refused but Appellants to surrender to police and after completion of interrogation, they be released on bail. Conditions imposed. (Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. We know that this is a case under Section 302 of the Indian Penal Code read with Section 149. Though the police was not able to trace out the culprits at the first stage of the investiga-tion, pursuant to the petition filed by the widow of the deceased further investigation was conducted and the names of the present Appellants are also now included among the suspected persons. We came across the antecedents of the deceased which Appellants described as ‘dreaded’. None the less, we are not inclined to give a pre-arrest bail order to the Appellants. At the same time considering all the pros and cons of this matter we are of the view that some relief must be granted to the Appellants in view of the peculiar facts and circumstances of the case. We, there-fore, dispose of this appeal with the following directions.
1.) If Appellants would surrender before the police within 2 weeks from today, we direct the investigating officer to complete the interrogation of the Appellant concerned as expeditiously as possible. On completion of interrogation and recovery of materi-al object, if any, such Appellant shall be released on bail on his executing a bond in a sum of Rs. 5,000/- with two solvent sureties each to the satisfaction of the investigating officer.
2.) Appellants shall abide by the condition, inter alia, that no threat shall be exerted on any of the witnesses nor any evi-dence be tampered with. We also make it clear that if any of the Appellants misuses the bail we permit the investigating officer or even the aggrieved person to move the Sessions Court or the High Court under Section 439 (2) of the Code of Criminal Proce-dure for cancellation of the bail. With these observations, this appeal is disposed of.
1. Leave granted.
2. We know that this is a case under Section 302 of the Indian Penal Code read with Section 149. Though the police was not able to trace out the culprits at the first stage of the investiga-tion, pursuant to the petition filed by the widow of the deceased further investigation was conducted and the names of the present Appellants are also now included among the suspected persons. We came across the antecedents of the deceased which Appellants described as ‘dreaded’. None the less, we are not inclined to give a pre-arrest bail order to the Appellants. At the same time considering all the pros and cons of this matter we are of the view that some relief must be granted to the Appellants in view of the peculiar facts and circumstances of the case. We, there-fore, dispose of this appeal with the following directions.
1.) If Appellants would surrender before the police within 2 weeks from today, we direct the investigating officer to complete the interrogation of the Appellant concerned as expeditiously as possible. On completion of interrogation and recovery of materi-al object, if any, such Appellant shall be released on bail on his executing a bond in a sum of Rs. 5,000/- with two solvent sureties each to the satisfaction of the investigating officer.
2.) Appellants shall abide by the condition, inter alia, that no threat shall be exerted on any of the witnesses nor any evi-dence be tampered with. We also make it clear that if any of the Appellants misuses the bail we permit the investigating officer or even the aggrieved person to move the Sessions Court or the High Court under Section 439 (2) of the Code of Criminal Proce-dure for cancellation of the bail. With these observations, this appeal is disposed of.
