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Sunita Devi & Anr. vs. The State of Haryana

Criminal Appeal · 2022 INSC 1244Decided 2 Dec 2022
Criminal Appeal Nos. 2155-2156 of 2022
Aniruddha Bose · Sudhanshu Dhulia

Background

The appellants, accused primarily of cheating in connection with certain land-related transactions in Haryana, had been refused pre-arrest bail by the Punjab & Haryana High Court, which also declined to recall its order dismissing their anticipatory bail plea. They approached the Supreme Court against these refusals. During the hearing, it was undisputed that both appellants had already joined and cooperated with the police investigation.

Decision Breakdown

The Supreme Court held that since the appellants had already joined the investigation and there was no allegation of them obstructing it, custodial interrogation was not necessary at this stage. It set aside the High Court's orders refusing pre-arrest bail and directed that the appellants be released on bail in the event of arrest, on terms to be fixed by the trial court. The Court clarified this order was granted specifically because of their cooperation, and if they later refused to cooperate with the investigation, the State would remain free to apply to the trial court for cancellation of bail.

Lesson Learnt

Demonstrated cooperation with an ongoing police investigation is a significant factor courts weigh in granting anticipatory bail: custodial interrogation is generally seen as unnecessary once an accused has shown they are participating, though that protection remains conditional on continued cooperation.

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

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