The Supreme Court on Friday permitted an accused in a digital arrest fraud case to withdraw his special leave petition challenging the denial of bail after orally observing that such offences could justify the invocation of organised crime provisions.
The matter was heard by the Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
The counsel for the petitioner submitted that the accused had been in judicial custody since July 19, 2025, and sought his release on bail. The State opposed the plea, contending that the petitioner had criminal antecedents which had not been disclosed in the synopsis of the Special Leave Petition.
During the hearing, Justice Joymalya Bagchi made strong oral observations on the seriousness of digital arrest scams, remarking that such offences appeared akin to robbery and questioning why organised crime provisions had not been invoked.
When the State informed the Court that it had entered appearance on advance notice, the Bench sought instructions on why organised crime provisions had not been added despite allegations that the accused was involved in multiple similar offences.
The Court also cautioned the petitioner that if he chose to press the matter, it could direct the investigating agency to examine whether the graver offence of organised crime should be invoked against him.
Faced with the Bench’s observations, the petitioner’s counsel sought permission to withdraw the special leave petition while requesting liberty to renew the bail plea at an appropriate stage.
Allowing the request, the Supreme Court dismissed the petition as withdrawn and clarified that the petitioner would be at liberty to approach the trial court for appropriate relief in accordance with law.
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