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 warrant the invocation of organised crime provisions.
Appearing for the petitioner, counsel submitted that the accused had been in custody since July 19, 2025. The State, however, pointed out that the petitioner had criminal antecedents and had failed to disclose them in the synopsis of the Special Leave Petition. During the hearing, Justice Joymalya made strong oral observations on the nature of digital arrest scams, remarking:
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“In digital arrest cases, I think… this amounts to robbery. Why haven’t you added organised crime here?”
When the State informed the Court that it had appeared on advance notice, the Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana sought instructions on why provisions relating to organised crime had not been invoked against the accused despite the allegation that he was involved in multiple similar offences. The Court further cautioned the petitioner that if the matter were pursued, it could direct the investigating agency to consider adding the graver offence of organised crime.
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“Either you withdraw or we will add the graver offence. Tell us which you want to pursue.”
Faced with the Court’s observations, counsel for the petitioner sought permission to withdraw the petition while requesting liberty to renew the prayer for bail at a later stage.
The Bench allowed the withdrawal and observed that the petitioner would be at liberty to approach the trial court for appropriate relief in accordance with law.

