Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Rejection by High Court—Appeal—It is alleged in the FIR that the appellant along with others, by supplying of gas bottles having quantity of gas less than what each bottle should have contained, has committed offences punishable under Sections 406, 409, 420, 462, 285 and 120B of IPC and Sections 3 & 7 of the Essential Commodities Act—Apart from the appellant, there are twelve co-accused—Of them, majority has been released on bail while a lady-accused has been released on pre-arrest bail—Appellant has joined the investigation in terms of the previous order of the court—Custodial interrogation of the appellant is not necessary—Impugned order stands set aside—Anticipatory bail granted to the appellant on terms and conditions which are to the satisfaction of the trial court—Appeal allowed.
[Paras 5 to 7]
Decision : Appeal allowed