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Depesh Tiwari v. The State Of Madhya Pradesh

Depesh Tiwari v. The State Of Madhya Pradesh

(Supreme Court Of India)

CRIMINAL APPEAL NO. 2646 OF 2023 (Arising out of SLP(Crl.) No.5200/2023) | 31-08-2023

1. Leave granted.

2. Heard learned counsel for the appellant and the State.

3. In response to our specific query as to whether the appellant is cooperating with the investigating agency or not, it is submitted by the learned counsel for the appellant that he has joined investigation. In such circumstances, we do not think custodial interrogation of the appellant is necessary. We, accordingly, set aside the impugned order and direct that in case of arrest of the appellant in connection with Crime No. 01 of 2019 registered with Police Station Commercial Tax Anti Evasion Bureau, State Goods and Services Tax(SGST), Jabalpur, he shall be released on bail on such terms the Trial Court may consider fit and proper.

4. The appellant, however, must surrender his passport, if any, with the Trial Court and otherwise, shall not travel beyond the territory of India without leave of the Trial Court during pendency of the case.

5. The present appeal is allowed in the above terms.

6. Pending application(s), if any, shall also stand disposed of.

Advocate List

  • Mr. Devadatt Kamat, Mr. Pai Amit, Mr. Shoeb Hasan Khan, Mr. Revant Solanki, Mr. Anubhav Kumar, Mr. Abhiyudaya Vats, Mr. Kushal Dube

  • Mrinal Gopal Elker, Mr. Divyansh Singh, Mr. Saurabh Singh, Ms. Aarushi Gupta

Bench
  • HON'BLE MR. JUSTICE ANIRUDDHA BOSE
  • HON'BLE MR. JUSTICE SANJAY KUMAR
Eq Citations
  • 2023 [77] G.S.T.L. 161
  • LQ/SC/2023/964
Head Note

Criminal Trial — Bail — Grant of bail — Cooperation with investigating agency — Appellant cooperating with investigating agency — Held, custodial interrogation of appellant is not necessary — Appellant directed to be released on bail on such terms as Trial Court may consider fit and proper — Appellant must surrender his passport if any with Trial Court and otherwise shall not travel beyond territory of India without leave of Trial Court during pendency of case — Penal Code, 1860, S. 436