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Mamta Kaur v. State of Punjab

Criminal Appeal · 2025 INSC 49Decided 9 Jan 2025
Crl.A. No.-000136-000136 - 2025 (arising out of SLP(Crl.) No. 14647/2024)
Justice Bela M. Trivedi · Justice Prasanna B. Varale

Background

Mamta Kaur was named in FIR No. 13 dated 14.02.2023, registered at Police Station Gharinda, District Amritsar, for an offence under Section 306 of the Indian Penal Code (abetment of suicide). The Punjab and Haryana High Court had earlier rejected her anticipatory bail plea. During the pendency of proceedings before the Supreme Court, an earlier order (21.10.2024) had required her to join the investigation whenever called upon.

Decision Breakdown

The Supreme Court noted that the State of Punjab's counsel fairly conceded that the appellant had cooperated with the investigation as directed, and that the Investigating Officer had confirmed in writing that no further custodial interrogation of the appellant was required. On this basis, the Court allowed the appeal and directed that if the appellant is arrested in connection with this FIR, she shall be released on bail (if not required in any other case) on terms to be fixed by the Trial Court. The State was given liberty to seek cancellation of bail if any imposed condition is breached.

Lesson Learnt

Where an accused person has fully cooperated with an investigation and the police itself certifies that no further custodial interrogation is needed, courts are inclined to grant protective bail rather than allow arrest: cooperation with investigation is a significant factor in bail matters.

Official source (sci.gov.in)View Judgment (PDF)

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