Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Cheating case—Applicants have since joined investigation, investigation is already complete and charge-sheet has already been filed—Complainant has already initiated steps in regard to the enforcement of the obligation in regard to the settlement arrived at between the parties—In cases where accused has joined investigation, co-operating with investigating agency and is not likely to abscond, the custodial interrogation should be avoided—Purpose of custodial interrogation is to aid the investigation and is not punitive—Proceedings in relation to enforcement of the settlement are pending before the court—Appropriate orders would be passed in those proceedings after hearing the parties—Bail proceedings should not be utilized as means for recover in monetary disputes, since recovery of money essentially falls within the realm of civil proceedings—Charge-sheet has been filed by the State without feeling the necessity to arrest the accused persons—Custodial interrogation of applicants is admittedly not required at this stage—Bail granted.
[Paras 5 to 13]