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TMI Blog1997 (9) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... stigation (`CBI' for short) assailing the pre-arrest order granted by the High Court of Himachal Pradesh in favour of the responded under section 438 of the Code of Criminal Procedure. Respondent was a former Minister of the Himachal Pradesh State Government and he held the office for about three years. Besides that, he is a member of the Legislative Assembly of that State also. His father Suk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en made by the responded through illegal means and "there is clear-cut evidence pointing to the transfer of assists by Shri Sukhram in the name his son". According to the CBI, respondent's is a clear case of corruption in high places and the order of anticipatory bail should never have been granted in such a case. We heard Sri K.N Bhat, Additional solicitor General who argued for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discretionary power. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under Section 438 if the code. In a case like this effective interrogation of suspected person is of tremendous advantage in disintering many useful informations and also materials which wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court reminded himself of the principle that it is well-settled that bail and not jail is a normal Rule and then observed thus: "unless exception circumstances are brought to the notice of the Court which may defeat the proper investigation and bail to a person who is not accused of an offence punishable with death or imprisonment for life. In the present case, no such expansional circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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