Custodial interogation is necessary for advocates accused of serious crimes: Bombay High court
Title: Hiral Chandrakant Jadhav Vs The State of Maharashtra
Citation: ANTICIPATORY BAIL APPLICATION NO.3699 OF 2023
Coram: Justice SARANG V. KOTWAL
Date: 03/01/24
Facts
The Applicant, who is an Advocate, is seeking anticipatory bail in connection with a serious offense. The Applicant was approached by a person whose husband was arrested under IPC Section 302. The Applicant assured the release on bail for a fee of Rs.65,000.The Advocate claimed her husband was granted bail, accepted Rs. 25,000 more, handed over a sealed envelope with alleged documents, but the husband was not released. After receiving the payment, the Applicant claimed that the bail was granted, but the documents provided were incomplete. The Applicant repeated this process, even providing a fake bail order, and the person realized they were deceived, leading to the filing of the FIR. The Applicant is now anticipating arrest.
Laws Involved
Section 302 of IPC
Punishment for murder
Section 420
Cheating and dishonestly inducing delivery of property
Section 465
Punishment for forgery
Issues
Whether the Applicant, engage in fraudulent activities by allegedly taking money for securing bail, and deceiving the informant in connection with a criminal case?
Judgement
The accused, an advocate, has been found by the court to have committed major offenses, including violating Section 420 of the IPC, which have damaged the victim’s reputation and undermined the integrity of the legal system. The court highlights the seriousness of the crime and the necessity of questioning suspects while they are in custody in order to find possible accomplices and similar situations. Thus, as a result court rejects the application, stating that no mercy can be awarded at this time.
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Written by:- Sanjana Ravichandran