https://www.taxtmi.com/caselaws?id=437057 Anticipatory bail under section 438 of the Code is a discretionary safeguard balancing personal liberty against investigative needs, and it may be refused only where custodial interrogation is concretely shown to be necessary. In this FIR alleging forgery, fraudulent share transfer and cheating, the HC noted that substantial investigation had already been completed, including receipt of the FSL report and collection of documentary material, and that the applicants had cooperated with the investigation. As the prosecution did not establish that further recovery or discovery required custody, and the Sessions Court had gone too far into the merits at the bail stage, the applicants were held entitled to anticipatory bail and custodial interrogation was found unwarranted. en-us Tue, 25 Apr 2023 00:00:00 +0530 Thu, 27 Apr 2023 08:59:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437057 Anticipatory bail under section 438 of the Code is a discretionary safeguard balancing personal liberty against investigative needs, and it may be refused only where custodial interrogation is concretely shown to be necessary. In this FIR alleging forgery, fraudulent share transfer and cheating, the HC noted that substantial investigation had already been completed, including receipt of the FSL report and collection of documentary material, and that the applicants had cooperated with the investigation. As the prosecution did not establish that further recovery or discovery required custody, and the Sessions Court had gone too far into the merits at the bail stage, the applicants were held entitled to anticipatory bail and custodial interrogation was found unwarranted. Case-Laws Companies Law Tue, 25 Apr 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437057