Accused can't be forced to make self-incriminating statement on threat to withdraw protection from arrest: SC

New Delhi: The Supreme Court has said that an accused cannot be forced to make self-incriminating statement after joining the investigation into a criminal case, on a threat to withdraw interim protection granted to him.

A bench of Justices Aniruddha Bose and Sanjay Kumar set aside the Punjab and Haryana High Court's order rejecting anticipatory bail to Bijender in a case related to corruption in construction and upgradation of a building as 'green building' for municipal corporation at Sonepat in Haryana.

The appellant, a junior engineer, led by senior advocate Sidharth Luthra assailed the High Court's order.

The allegations against the appellant primarily related to taking a bribe to sign the proposal to enhance the cost estimate for upgrading a building of the municipal corporation, Sonepat, to a ‘green building’. The municipal corporation alleged that such exercise led to inflating of the tender value.

The court granted interim protection to the appellant on February 5, 2024, subject to him joining the investigation.

The state government opposed the plea contending that the petitioner had on February 10, 2024, joined the investigation but did not cooperate with the police nor got recovered the amount of bribe received by him nor disclosed the other facts of this case properly.

It said the custodial interrogation of petitioner/accused is required in the present case for thorough investigation.

"We cannot treat the behaviour attributed to the appellant to be instances of non-cooperation justifying dismissal of his appeal for pre-arrest bail. An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to make self-incriminating statements under the threat that the State shall seek withdrawal of such interim protection," the bench said in a recent order.

The court said it was concerned with detention of the appellant at the investigation stage.

"We are not testing the legality of the case instituted against him. We do not find any reason for custodial interrogation of the appellant. There is no aggravating factor either, which would justify his detention at the investigation stage," the bench said.

The court granted pre arrest bail to the petitioner in the FIR registered on June 22, 2022 at Faridabad with the condition that he should continue to co-operate with the investigating officer during the period of probe.