Custodial Interrogation Required for Effective Investigation: High Court Denies Anticipatory Bail in Cheating Case

In a significant ruling, the Punjab and Haryana High Court denied anticipatory bail to Sukhjinder Singh, who is accused in a cheating and fraud case. Justice Rajesh Bhardwaj, presiding over the case, underscored the necessity of custodial interrogation for an effective investigation, stating that "the custodial interrogation of the petitioner is required in the present case."

The case, lodged under Sections 420 of the IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, involves allegations of Sukhjinder Singh defrauding a complainant of Rs. 20 lacs under the pretext of sending his son abroad. The petitioner's request for anticipatory bail had previously been rejected by the Additional Sessions Judge and was brought before the High Court for further appeal.

During the proceedings, Justice Bhardwaj noted the complexities involved in the case, highlighting the importance of a thorough investigation. "The matter requires a free and fair investigation," he remarked. The Court observed that since none of the accused had been arrested and key evidence, including the passport and money, had not been recovered, custodial interrogation was imperative.

The Court also referenced notable precedents in its decision, including the principles laid down in Gurbaksh Singh Sibbia Vs. State of Punjab and State Vs. Anil Sharma, balancing the individual's right to liberty with the larger interests of society and justice.

Date of Decision: 27.12.2023

Sukhjinder Singh VS State of Punjab