Criminal Procedure Code, 1973
Section 438—Grant of anticipatory bail by High Court—Appeal—Case of cheating and forgery—Appellants alleged to create forged GPA in collusion with officials of Sub-Registrar’s office—FIR registered under Sections 406, 420, 467, 471 & 120B of IPC—Complainants were senior citizens—While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of offence, the impact on society, and the need for a fair and free investigation—Appellants have seemingly fallen prey to a well-orchestrated conspiracy hatched to rob them of their highly valuable property—Alleged GPA was never placed before the court—Facts of the case speak for themselves and an element of criminality cannot be ruled out at this stage—Whether or not alleged offences were committed by second respondent and his co-accused in active collusion with each other can be effectively determined by a free, fair, unhampered and dispassionate investigation—Custodial interrogation of not only second respondent but all other suspects is, therefore, imperative to unearth the truth—Joining the investigation with a protective umbrella provided by pre-arrest bail will render the exercise of eliciting the truth ineffective in such like case—Conduct of the officials of Sub-Registrar Office is also required to be examined to take the investigation to its logical conclusion—Impugned order of High Court granting pre-arrest bail to second respondent is set aside—Appeal allowed.
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