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Supreme Court of India 2017-10-10 disposed

Santosh S/o Dwarkadas Fafat vs State of Maharashtra

Bench: 2 — Kurian

In Brief

The appellant was accused of misappropriating food-grains under the IPC and Essential Commodities Act. He had been granted interim protection and deposited the misappropriated amount. The Investigating Officer later opposed his bail, claiming non-cooperation because the appellant denied purchasing the grains and refused to confess. The Court held that mere refusal to confess does not constitute non-cooperation with investigation, as the right against self-incrimination is constitutionally protected. The matter was remitted to the Sessions Court to determine whether custodial interrogation was genuinely necessary based on collected evidence.

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Criminal Procedure Anticipatory Bail Right Against Self-Incrimination Investigation Misappropriation Essential Commodities

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