TMI Blog2022 (2) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... by itself, however, should not deter this Court from enlarging the Petitioners on bail when there is no serious contention of the Respondent that the Petitioners, if released on bail, would interfere with the trial or tamper with evidence. Having regard to the entire facts and circumstances of the case, especially the fact that both the bread earning sons of a family have been in custody for over a year now, there are no justification for detaining the Petitioners in custody for any longer. As a side note it observed that more and more such cases are brought to the fore where the mere pawns who have been used as a part of larger conspiracy of tax fraud have been brought under the dragnet by the prosecution. It is perhaps time that the prosecution will do well to follow the trail upstream and bring the upstream parties who are the ultimate beneficiaries who are the gainers in these evil machinations. It is directed that the Petitioners in both the BLAPLs be released on bail on such terms and conditions as deemed fit and proper by him/ her with the conditions imposed - application allowed. - BLAPL No.776 of 2021 And BLAPL No.6687 of 2021 - - - Dated:- 18-2-2022 - HON BLE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d have on multiple occasions appeared in the OGST offices to assist the authorities with the investigation, but despite their bonafide actions, they were forwarded into custody on 21.12.2020 and have remained in custody ever since. The Petitioners have wives, young children and a widowed mother who are completely dependent on the Petitioners and are on the brink of starvation due to the absence of the only two earning members in the family especially given the pandemic situation. The Ld. Counsel for the Petitioners finally urged that given that there is no risk of the Petitioners fleeing given that they reside locally and that they shall not tamper with evidence, they should be released on bail as even trial has not commenced and they have been in custody for over a year. 4. Heard learned counsel for both parties and perused the records. The core concept and philosophy of bail was discussed by the Hon ble Supreme Court in Vaman Narain Ghiya v. State of Rajasthan (2009) 2 SCC 281 , wherein it was observed that: 6. Bail remains an undefined term in CrPC. Nowhere else has the term been statutorily defined. Conceptually, it continues to be understood as a right for asserti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om us, the more liberty we have. (See A.K. Gopalan v. State of Madras [AIR 1950 SC 27). 8. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal. An accused is not detained in custody with the object of punishing him on the assumption of his guilt. 5. In Moti Ram v. State of M.P.(1978) 4 SCC 47 the Hon ble Supreme Court, while discussing pretrial detention, held: 14. The consequences of pretrial detention are grave. Defendants presumed innocent are subjected to the psychological and physical deprivations of jail life, usually under more onerous conditions than are imposed on convicted defendants. The jailed defendant loses his job if he has one and is prevented from contributing to the preparation of his defence. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family. Furthermore, the Hon ble Supreme Court in Sanjay C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to establish his innocence. A man on bail has a better chance to prepare and present his case than one remanded in custody. An accused person who enjoys freedom is in a much better position to look after his case and properly defend himself than if he were in custody. Hence grant of bail is the rule and refusal is the exception. (c) The object of bail is to secure the attendance of the accused at the trial. The principal rule to guide release on bail should be to secure the presence of the applicant to take judgment and serve sentence in the event of the Court punishing him with imprisonment. (d) Bail is not to be withheld as a punishment. Even assuming that the accused is prima facie guilty of a grave offence, bail cannot be refused in an indirect process of punishing the accused person before he is convicted. (e) Judges have to consider applications for bail keeping passions and prejudices out of their decisions. (f) In which case bail should be granted and in which case it should be refused is a matter of discretion subject only to the restrictions contained in Section 437(1) of the Criminal Procedure Code. But the said discretion should be exercised jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) the likelihood of the accused fleeing from justice and (ii) the likelihood of the accused tampering with prosecution evidence. These two considerations in fact relate to ensuring a fair trial of the case in a Court of justice and hence it is essential that due and proper weight should be bestowed on these two factors. (j) While exercising the power under Section 437 of the Criminal Procedure Code in cases involving non-bailable offences except cases relating to offences punishable with death or imprisonment for life, judicial discretion would always be exercised by the Court in favor of granting bail subject to Sub-section (3) of Section 437 with regard to imposition of conditions, if necessary. Unless exceptional circumstances are brought to the notice of the Court which might defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person who is not accused of an offence punishable with death or imprisonment for life. (k) If investigation has not been completed and if the release of the accused on bail is likely to hamper the investigation, bail can be refused in order to ensure a proper and fair investigation. (l) If th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Courts in such matters. 8. Bail, as it has been held in a catena of decisions, is not to be withheld as a punishment. Bail cannot be refused as an indirect method of punishing the accused person before he is convicted. Furthermore, it has to be borne in mind that there is as such no justification for classifying offences into different categories such as economic offences and for refusing bail on the ground that the offence involved belongs to a particular category. It cannot, therefore, be said that bail should invariably be refused in cases involving serious economic offences. It is not in the interest of justice that the Petitioners should be in jail for an indefinite period. No doubt, the offence alleged against the Petitioners is a serious one in terms of alleged huge loss to the State exchequer, that, by itself, however, should not deter this Court from enlarging the Petitioners on bail when there is no serious contention of the Respondent that the Petitioners, if released on bail, would interfere with the trial or tamper with evidence. 9. Having regard to the entire facts and circumstances of the case, especially the fact that both the bread earning sons of a family ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
