In a recent ruling, the Supreme Court reiterated the principle that cooperating with a police probe does not necessitate the accused to make self-incriminating statements. 

The decision came from a bench comprising Justices Aniruddha Bose and PV Sanjay Kumar, who set aside an order denying anticipatory bail to an individual accused of inflating costs for the construction of a municipal corporation building.

The petitioner, whose identity remains confidential, was facing allegations related to the construction of a 'green building' for the Sonepat Municipal Corporation. The Punjab and Haryana High Court had denied anticipatory bail on December 5, prompting the petitioner to appeal to the apex court.

The key contention in the case was the nature of cooperation expected from the accused during the investigation. The State argued that the appellant was not assisting in the recovery of the alleged bribe amount. However, the Supreme Court bench asserted that participation in the investigation should not compel individuals to make self-incriminating statements.

The court, upon careful examination of the available material, concluded that custodial interrogation of the petitioner was unnecessary for the ongoing probe. The ruling highlighted the absence of aggravating factors justifying the detention of the accused at the investigation stage.

"We, accordingly, set aside the order of the High Court by which the pre-arrest bail to the appellant was denied," stated the bench. The decision allowed the petitioner's appeal and directed the trial court to release the accused on bail, subject to conditions deemed appropriate.

Crucially, the Supreme Court underscored the accused's right against self-incrimination, emphasizing that cooperation in the investigation does not mandate divulging information that could incriminate oneself. 

This ruling reaffirms the fundamental legal principle that individuals, even when accused, retain the right to protect themselves from making statements that may be used against them.

Case: HEMANT KUMAR vs.  STATE OF HARYANA, 

CRIMINAL APPEAL NO(S). OF 2024. (Arising from SLP(Crl.)No(s).232/2024).

Click to read/download order.