1998 (3) TMI 717

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....espondent : Arun Jaitley and Gopal Subramanium, Sr. Advs., Indu Malhotra and Kavita Wadia, Advs. JUDGMENT S. RAJENDRA BABU, J. 1. The petitioner filed a petition under Section 438 of the Criminal Procedure Code for grant of bail apprehending his arrest. The High Court which had granted an interim relief earlier on the said petition, dismissed the same subsequently. Hence this petition cha....

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.... the latter to register a separate FIR and investigate the matter and on that basis rejected the contention advanced on behalf of the petitioner that there cannot be two parallel investigations on the same set of facts by two different agencies. It was also taken note of by the High Court that the investigating agency should be given a free hand to interrogate the petitioner and on the other hand ....

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.... mind the scope of Articles 20(2) and 21 of the Constitution. He contended that though an accused person could be arrested, it may not be appropriate to detain him in custody in every case and when there is presumption of innocence in his favour until the charge against him is established, it would not at all be consistent with the philosophy of the Constitution that such a person should be subjec....

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....absolutely necessary and is in public interest, which far outweighs the interest of the petitioner. 5. We do not wish to enter into any detailed discussion on these legal aspects raised by the learned counsel for the respondents as this Court in the several decisions referred to by the learned counsel for the petitioner has explained the scope of the provisions of Articles 20(2) and 21 of the C....