Sunday, November 11, 2018

WHETHER PERSON RELEASED ON ANTICIPATORY BAIL CAN BE INTERROGATED BY THE POLICE?



Hon’ble Supreme Court in case of Fida Hussain Bohra Versus The State of Maharashtra Criminal Appeal No.420  of 2009 decided  on March 3, 2009 Supreme Court permitted the investigating agency to apply for interrogation of the accused either alone or with the other accused person, and directed that the application shall be allowed and made following observation:-

“We, therefore, are of the opinion that in the facts and circumstances of this case interest of justice would be sub-served if it is directed that the appellant shall in the event, any application therefore is filed by the investigation agency may be interrogated at any time suitable for the Investigating Officer either alone or with other accused persons, shall be allowed. Appellant shall comply with such other direction or directions as may be issued by the learned Sessions Judge, if and when, the learned Sessions Judge passes an order at the instance of the investigating agency or otherwise relying or on the basis of these observations.”

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