In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency

Srishti Ojha

8 Aug 2021 6:09 AM GMT

  • In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency

    In an unexpected turn of events in a bail hearing , the Supreme Court observed that the matter needs to be investigated further by an independent Investigating Agency.The bench comprising Chief Justice of India NV Ramana and Justice Surya Kant initially expressed disinclination to grant bail and advised the counsel to withdraw the petition. The counsel, in an attempt to persuade the...

    In an unexpected turn of events in a bail hearing , the Supreme Court observed that the matter needs to be investigated further by an independent Investigating Agency.

    The bench comprising Chief Justice of India NV Ramana and Justice Surya Kant initially expressed disinclination to grant bail and advised the counsel to withdraw the petition. The counsel, in an attempt to persuade the bench, argued that the chargesheet does not reveal any offence and urged the bench to read the chargesheet. After going through the chargesheet, the bench remarked that the investigation appeared to be "motivated" and expressed the need to have an independent investigation.

    At this point, the counsel sought permission to withdraw the matter. However, the bench refused permission and issued notice to the State of Rajasthan to consider sending the instant matter to an independent investigating agency for further investigation.

    "Taking into consideration the manner in which investigation appears to have been conducted and consequential charge-sheet dated 30.06.2021 filed against the petitioner, we are prima facie of the view that the matter should be transferred to an independent Investigating Agency for further investigation.

    Issue notice to the respondent – State to consider about sending the instant matter to an independent Investigating Agency for further investigation taking into consideration the charge-sheet filed against the petitioner", the bench ordered.

    The Court was hearing a special leave petition filed challenging the order of the Rajasthan High Court refusing grant of bail to the petitioner in judicial custody. The petitioner was accused of the offences under Sections 323 (Voluntarily causing hurt), 506 (criminal intimidation) and 306 (abetment of suicide) of the Indian Penal Code with respect to the death of his wife.. The petitioner had argued that his wife's death was a simple case of suicide.

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