• Home
  • About
  • Contact
  • ePaper
Friday, April 17, 2026
No Result
View All Result
Kashmir Digest
  • Home
  • News
    • Local
    • National
    • Regional
    • World
  • Business
    • Economy
    • Finance
    • Tourism
    • Startup
    • Marketing
  • Ed-Op
    • Editorial
    • Opinion
    • Blog
  • Health
  • Sports
    • Cricket
    • Football
    • Other
  • Science and Tech
  • Show Biz
  • Home
  • News
    • Local
    • National
    • Regional
    • World
  • Business
    • Economy
    • Finance
    • Tourism
    • Startup
    • Marketing
  • Ed-Op
    • Editorial
    • Opinion
    • Blog
  • Health
  • Sports
    • Cricket
    • Football
    • Other
  • Science and Tech
  • Show Biz
No Result
View All Result
Kashmir Digest
No Result
View All Result
Home Top News

Can’t grant anticipatory bail merely because custodial interrogation not required: SC

by Indo-Asian News Service
October 28, 2022
in Top News
0
‘Victims denied fair hearing’: SC cancels Ashish Mishra bail in Lakhimpur Kheri case
Share on FacebookShare on TwitterWhatsappTelegram

New Delhi: The Supreme Court has set aside a Kerala High Court order granting anticipatory bail to an accused under the Protection of Children from Sexual Offences Act, 2012, holding that anticipatory bail cannot be granted merely because custodial interrogation is not required.

Criticising the high court order, a bench of Justices Surya Kant and J.B. Pardiwala said: “There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail.”

It said the first and foremost thing that the court, hearing an anticipatory bail application, should consider is the prima facie case put up against the accused, thereafter, the nature of the offence should be looked into along with the severity of the punishment.

It added that custodial interrogation can be one of the grounds to decline anticipatory bail, however, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

The complainant’s counsel submitted before the bench that the high court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the high court should be quashed and set aside.

The bench said: “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.”

It noted the victim is traumatised to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a court from exercising its discretionary jurisdiction in granting pre-arrest bail.

As the accused’s counsel submitted that charge sheet has already been filed, the court said: “It will be unfair to presume on our part that the Investigating Officer does not require Respondent No 1 for custodial interrogation for the purpose of further investigation.”

“Be that as it may, even assuming it a case where Respondent No 1 is not required for custodial interrogation, we are satisfied that the high court ought not to have granted discretionary relief of anticipatory bail.”

Setting aside the high court order, the top court said the high court ought not to have exercised its jurisdiction in granting protection against arrest as the investigating officer deserves a free hand to take the probe to its logical conclusion.

Indo-Asian News Service

Related Posts

Zero tolerance against substandard drugs: DFO
Health

Zero tolerance against substandard drugs: DFO

May 7, 2024
Bukhari Makes Historic Visits Jamia Mosque, a First Among Mainstream Leaders Since 1990s
J&K

Bukhari Makes Historic Visits Jamia Mosque, a First Among Mainstream Leaders Since 1990s

May 6, 2024
LG-Sh.Manoj-Sinha-addressed-13th-National-Voters-Day-celebrations-in-Jammu-3
J&K

India’s Development Gains New Speed, Scale: LG Sinha

May 6, 2024
Next Post
Azam Khan alleges police excesses in Rampur

Azam Khan gets 3-yr jail term in hate speech case, granted bail

Body of MBBS girl student, who died in Bangladesh, reaches home in Budgam

Man beaten to death in Faridabad

Ex-Chief Secy Andaman & Nicobar at epicentre of job-for-sex racket

Ex-Chief Secy Andaman & Nicobar at epicentre of job-for-sex racket

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

Fire hits South Africa’s Parliament Building in Cape Town

Shrine gutted in Uri blaze

4 years ago
3rd National Lok Adalat in Srinagar on September-13

3rd National Lok Adalat in Srinagar on September-13

8 months ago
Ram Madhav in Sgr:  He is on ‘Mission Kashmir’, say party leaders

Ram Madhav in Sgr:  He is on ‘Mission Kashmir’, say party leaders

2 years ago
8th Class Exams:

8th Class Exams:

2 years ago

Categories

  • Big Story
  • Blog
  • Business
  • Court
  • Cricket
  • Economy
  • Ed-Op
  • Editorial
  • Education
  • Finance
  • Football
  • Health
  • J&K
  • Latest News
  • Local
  • Marketing
  • National
  • News
  • Opinion
  • Other
  • Politics
  • Regional
  • Religious
  • Science and Tech
  • Show Biz
  • Sports
  • Startup
  • Top News
  • Tourism
  • UT Ladakh
  • World
No Result
View All Result

Highlights

Press Communique

Tawi Mohatsav Baisakhi Mela to be elevated as Jammu’s major festival: Deputy Chief Minister

Chief Secy reviews development of key tourism circuits to boost Tourism in Jammu

Secretary RDD reviews SASCI Projects, UT Capex Plan for FY 2026–27

District Admin Kupwara organizes Pad Yatras across district

Historic 3- Day Baisakhi Devika Mela concludes at Udhampur

Trending

Mega Shikara Rally held on Dal Lake to Promote Drug-Free Society
J&K

Mega Shikara Rally held on Dal Lake to Promote Drug-Free Society

by KD Desk
April 17, 2026
0

SRINAGAR, APRIL 16: In a unique initiative, the Department of Information and Public Relations (DIPR), in collaboration...

District Administration Kupwara Organizes Pad Yatras across District

District Administration Kupwara Organizes Pad Yatras across District

April 17, 2026
Udhampur admin facilitates maiden Inter-Country Adoption under Mission Vatsalya

Udhampur admin facilitates maiden Inter-Country Adoption under Mission Vatsalya

April 17, 2026
Press Communique

Press Communique

April 17, 2026
Tawi Mohatsav Baisakhi Mela to be elevated as Jammu’s major festival: Deputy Chief Minister

Tawi Mohatsav Baisakhi Mela to be elevated as Jammu’s major festival: Deputy Chief Minister

April 17, 2026
Kashmir Digest

©Kashmir Digest -

Navigate Site

  • Home
  • About
  • Contact
  • ePaper

Follow Us

No Result
View All Result
  • Home
  • News
    • Local
    • National
    • Regional
    • World
  • Business
    • Economy
    • Finance
    • Tourism
    • Startup
    • Marketing
  • Ed-Op
    • Editorial
    • Opinion
    • Blog
  • Health
  • Sports
    • Cricket
    • Football
    • Other
  • Science and Tech
  • Show Biz

©Kashmir Digest -