Chanda Deepak Kochhar Vs Central Bureau of Investigation (Bombay High Court)
Interim Bail Granted Because Arrest Memos Contained Only General Allegations of Non-Cooperation; Bombay High Court Orders Release Because Arrest Failed Statutory and Constitutional Tests; Arrest Cannot Be Justified Merely on Alleged Non-Disclosure of Facts; Interim Bail Allowed Because CBI Arrest Was Found Contrary to Mandatory CrPC Provisions.
The Bombay High Court considered petitions filed by Chanda Kochhar and Deepak Kochhar seeking, among other reliefs, quashing of the FIR registered by the CBI, quashing of their arrests, and quashing of remand orders passed by the Special CBI Court. At the interim stage, the Court confined itself to examining whether the arrests of the petitioners were illegal and whether they were entitled to interim bail.
The petitioners contended that their arrests violated Sections 41 and 41-A of the Code of Criminal Procedure (Cr.P.C.) and constitutional safeguards. They argued that they had cooperated with investigations conducted by both the CBI and the Enforcement Directorate (ED), had attended whenever summoned, and had provided extensive documentation. The CBI, on the other hand, maintained that the arrests were justified because the petitioners were allegedly not cooperating and were not disclosing true and full facts, making custodial interrogation necessary.
