On Practice Of Anticipatory Bails By High Courts, A Supreme Court Rap
NDTV
"Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail," the bench said.
The Supreme Court has criticised the practice of High Courts to grant anticipatory bail to accused in criminal cases on the ground that no custodial interrogation is required.
A bench of Justice Surya Kant and Justice J B Pardiwala said there is a serious misconception that if no case for custodial interrogation is made out by the prosecution then that alone would be a good ground to grant anticipatory bail.
"In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail.
"Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail," the bench said.
