In Brief
An investigating officer was convicted of civil contempt for arresting a person on a newly added criminal charge despite interim bail being granted under Section 438, Cr.P.C. The appellant officer had acted on superior instructions and bona fide believed the bail order applied only to the original charges. The Supreme Court held that the officer's sincere, unconditional apology—coupled with the absence of wilful intent to violate the court order—was a valid defence. The Court set aside the conviction and sentence, reaffirming that apology is a recognised defence in civil contempt cases and the Court must justify rejecting it.
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