Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case

The Delhi High Court has observed that while custodial interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out.

Justice Asha Menon was dealing with a plea seeking anticipatory bail in connection with an FIR registered under sec. 420, 406 and 34 of IPC.

The FIR was lodged by an authorized representative of M/s Vaishali Infratech (Pvt.) Ltd., on the allegations of cheating and misappropriation. The applicant was a builder and had a project, namely, Rudra Palace Heights, in which, the complainant Company booked 11 flats. Large sums of money had also been paid for the flats amounting to Rs.1,33,87,500 towards 75% of the consideration.

The applicant was the promoter and Director of M/s Rudra Buildwell Pvt. Ltd. Despite the fact that the flats were to be fully constructed and handed over in 2018, till date, no flat had been handed over to the complainant, rather the complainant came across a Charge intimation to the Registrar of Companies filed by the applicant, informing of the sale of the very same 11 flats to 11 other persons. Thus, there was an allegation that the applicant had cheated the complainant.

The Court said that while it is true that the case arising out of contracts would have civil and criminal contours, but it is not that if no civil case was filed it would detract from the complaint made to the police nor would the opposite hold true.

The facts of each case will decide the entitlement of an applicant to anticipatory bail, the Court said.

"The cocoon of protection, afforded by a bail order insulates the suspect and he could thwart interrogation reducing it to futile rituals. But, it must be also kept in mind, that while interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out."

The Court noted that the present case was not one of those cases where investigations would be hampered without custodial interrogation.

"The powers of the police for conducting a holistic and complete investigation in the matter, including into alleged resale and backdating/uploading of documents on the ROC website, are wide, assuming that the applicant has not revealed to them the true details. Whether the uploading of information regarding the 11 flats was intentional or inadvertent can be still determined in the courts, during trial and to do so in these proceedings would be pre-judging the issue, without jurisdiction," the Court said.

It added,

"The disposal of an anticipatory bail application does not require a trial, even a mini trial, on the allegations and defence. The fundamental question would only be whether or not the liberty of the applicant ought to be curtailed by refusal of anticipatory bail or whether the interest of justice would still be served if he is granted the benefit."

Accordingly, the plea was allowed.

Case Title: MUKESH KHURANA v. STATE OF NCT DELHI

Citation: 2022 LiveLaw (Del) 322

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