The investigating officer cannot ignore exculpatory material, will it not be a ground for bail then? Justice Datta asks
Justice Datta says that while examining the evidence before him, an Investigating Officer (IO) has to be fair. The judge adds that an IO cannot ignore exculpatory material while only taking cognisance of incriminating material.
“If he ignores the latter (exculpatory evidence) absolutely and says I have reasons, would it not afford ground for bail?”, the judge asks.
Senior advocate Dr. AM Singhvi appearing for the Delhi CM had earlier alleged that non-incriminating prior statements of approvers are not a part of the court’s record.
