Supreme Court of India
Sunita Devi v. State of Haryana
Citation- (2023) 1 SCC 178…
SUPREME COURT OF INDIA
Sunita Devi & Anr. Vs. State of Haryana
[Criminal Appeal No(s)………/2022 arising out of SLP (Criminal) Nos. 7323-7324/2021]
Leave granted.
Heard learned counsel appearing for the parties. It is submitted on behalf of the appellants that both of them have joined investigation. Learned counsel for the State also does not dispute this. The offences alleged against the appellants primarily relate to cheating in connection with certain land related transactions.
In such circumstances, in our opinion, in the event the appellants cooperate with the Investigating Agency, custodial interrogation would not be necessary at this stage. We, accordingly, set aside the judgment of the High Court refusing pre-arrest bail to the appellants and the subsequent order passed declining appellants’ plea for recalling the order of dismissal of their petition for anticipatory bail. Let the appellants be enlarged on bail in the event of their arrest, on such terms the concerned court may consider fit and proper.
We are passing this order having regard to the fact that the appellants have joined the investigation and at this stage, there is no allegation as regards their participation in investigation. In the event the appellants refuse to cooperate with the investigating agency at any subsequent stage, it shall be open to the State to apply for cancellation of the bail before the Trial Court.
The appeals are allowed in the above terms. Pending application(s), if any, shall also stand disposed of.
.J. [Aniruddha Bose]
J. [Sudhanshu Dhulia]
New Delhi.
December 02, 2022