Arrest Not Mandatory in Every Case: High Court Grants Anticipatory Bail in Misappropriation Case
In a significant ruling, the High Court of Punjab and Haryana granted anticipatory bail to the petitioners accused of misappropriation and cheating in a government contract. The judgment, delivered by Hon’ble Mr. Justice Deepak Gupta, emphasized the principle that “arrest is not mandatory in every case”, particularly when certain conditions under Sections 41 and 41A of the Criminal Procedure Code (Cr.P.C.) are met.
The case, CRM-M-57841-2023, involved petitioners Dharampal Jain and another, who were implicated in an FIR for failing to deliver the agreed quantity of rice, leading to a substantial financial loss to the department. The petitioners, represented by Mr. P.S. Ahluwalia, sought relief under Section 438 Cr.P.C. for anticipatory bail.
Justice Gupta, in his judgment, underscored the importance of considering the necessity of arrest or custodial interrogation in light of the existing cooperation with the investigation, partial recovery of the claimed amount, and attachment of property for the remaining recovery. The Court noted, “The question is whether the arrest of the petitioners or their custodial interrogation is required in the facts and circumstances of the present case, so as to deny the benefit of anticipatory bail to them.”
The judgment also delved into the arbitration clause in the contract between the petitioners and the government department, highlighting that cases of fraud, theft, or misappropriation are not covered under this clause. Mr. Randhir Singh, representing the State, contended the necessity of criminal proceedings given the non-applicability of the arbitration clause in such cases.
High Court referenced the Apex Court’s judgments in “Satinder Kumar Antil v. Central Bureau of Investigation” and “Arnesh Kumar v. State of Bihar”, reinforcing the legal framework governing arrests in cases punishable with imprisonment up to seven years.
Date of Decision: November 30, 2023
Dharampal Jain and another VS State of Haryana
