Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1978 (2) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1978 (2) TMI 226 - SC - Indian Laws

Issues involved: Bail cancellation u/s 5(2) of Prevention of Corruption Act, rationale of bail law.

In the present case, the appellant's bail granted by the Sessions Judge was cancelled by the High Court due to non-disclosure of simultaneous bail applications in both courts, leading to a perception of lack of transparency. The High Court considered this lack of straightforwardness as a reason to reverse the bail. The State contended that the corruption allegations against the appellant were substantial, but the Supreme Court clarified that bail is not a means of punishing an accused before conviction. Referring to the rationale of bail law as explained in Gurcharan Singh v. State (Delhi Administration) 1978CriLJ129, the Court found no evidence of interference with justice or other valid grounds for bail refusal against the appellant. Consequently, the Court directed that the appellant should be allowed to remain on bail unless the Sessions Court finds good grounds to revoke it.

This judgment highlights the importance of transparency in legal proceedings, the distinction between bail and punishment, and the necessity of valid grounds for bail refusal, emphasizing the principles of justice and fairness in the judicial process.

 

 

 

 

Quick Updates:Latest Updates