Criminal Procedure Code, 1973, Section 438, 439(2) – Anticipatory bail – Cancellation of – Challenge as to –Parity – Prime accused son of the appellant charged under Section 376, 354, 389, 506, and 120-B IPC – He has been granted anticipatory bail – Appellant charged under Section 120-B IPC and Section 67A of the Information & Technology Act, 2000 – Alleged act of the appellant is inextricably bound to the acts of the prime accused – It is alleged that he had secured pictures of the complainant, that were compromising in nature, which then the appellant used to extort and to blackmail the complainant – While granting anticipatory bail to the prime accused, the learned District Judge had observed that it was not a fit case for custodial interrogation –Not brought notice that such an order of anticipatory bail has been challenged and if it has, what fate has it met? – It follows that the secondary accused would also be not required, in the attending facts to be interrogated in custody – Prime accused who is alleged to have initially conducted the blackmail, whom the complainant is said to have paid ‘hush-money’, has been granted bail and the role played by the appellant was only to further the alleged acts of her son – She has not acted independently, to further aggravate the situation – Find it fit to confirm the order dated12.06.2023 granting anticipatory bail to the appellant, setting aside the order of cancellation of bail passed by the Division Bench in the impugned judgment and order. (Para 7 to 11)
SUPREME COURT OF INDIA
2024 STPL(Web) 196 SC
[2024 INSC 245]
Sabita Paul Vs. State Of West Bengal & Anr.Criminal Appeal No. 1772 of 2024 (@ Special Leave Petition(Criminal)No.14053 of 2023) –Decided On 22-03-2024
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