Criminal Misc. No. M-27709 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-27709 of 2009 Date of Decision:12.10.2009 Jyoti Sharma .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Jyoti Sharma under Section 438 of the Code of Criminal Procedure seeking her anticipatory bail in case FIR No.105 dated 26.7.2008 registered under Sections 306/34 of IPC at Police Station Sujanpur, District Gurdaspur, Punjab. The facts in brief are that Naresh Kumar made a statement before the police that his elder sister, namely, Asha Rani was married to Jagdish Raj, who is serving in Border Security Force. Jawahar Lal alias Tara, Joginder Pal alias Jinda, Shashi Pal and Jyoti wife of Jawahar Lal used to harass Asha Rani. Whenever Asha Rani told about the harassment to her parents, she was made to understand and the matter was used to be re- conciled. On 25.7.2009, the above said persons harassed her. On account of harassment meted out to her by the abovesaid persons, she along with her two daughters, namely, Arishi and Anthoni came to Madhopur at Canal Criminal Misc. No. M-27709 of 2009 -2- Hydel and committed suicide due to the abetment by the said persons. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. This is a case in which palpably, the custodial interrogation of the petitioner is required. In re: State Represented By the C.B.I v. Anil Sharma, 1997(4) Recent Criminal Reports (Criminal) 268 (SC), it has been held as under:- “We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as Criminal Misc. No. M-27709 of 2009 -3- offenders.” The provisions of Section 438 ibid cannot be invoked where custodial interrogation is necessary or may hamper proper investigation. A Court considering an application under this Section must strike a balance between the rights of an accused and the duties and obligation conferred upon an investigating agency. Considering the facts of the present case in the light of the provisions of Section 438 ibid, I am of the considered opinion that the present petition merits dismissal. Thus, this petition is dismissed. October 12, 2009 ( HARBANS LAL ) renu JUDGE