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2014 (9) TMI 1223 - HC - Indian LawsGrant of Bail - Bribe - allegation is that the Petitioner being high rank Officer in prestigious Indian Army offered bribe to senior most Officer of Indian Army - offence punishable under Section 12 of Prevention of Corruption Act, 1988 - HELD THAT - At no stage, CBI expressed its apprehension that the Petitioner is abusing his position or exploiting his links with his ex-colleagues or had made any attempt to influence the witnesses or tamper with the evidence. Generally, CBI investigates the cases which involves national and international ramifications or where people holding high positions of power and influence or political clout are involved and not the cases of the nature of petty offences. The case of the Petitioner should have been distinguished by learned Special Judge/CBI from other cases wherein learned Special Judge/CBI ordered the release of accused persons on bail who were not arrested during investigation. Petitioner directed to be released on bail on his furnishing personal bond in the sum of ₹ 1 lac with one surety in the like amount to the satisfaction of learned Trial Court, subject to the conditions imposed - Bail application allowed.
Issues Involved:
1. Exemption application. 2. Bail application for the Petitioner. 3. Grounds for bail. 4. CBI's opposition to bail. 5. Legal principles governing bail. 6. Court's decision on bail. Detailed Analysis: 1. Exemption Application: - Issue: The petitioner sought exemption from certain procedural requirements. - Judgment: The court allowed the exemption, subject to all just exceptions, and disposed of the application. 2. Bail Application for the Petitioner: - Issue: The petitioner, a retired Lt. General, sought bail after being chargesheeted under Section 12 of the Prevention of Corruption Act, 1988. - Judgment: The petitioner was initially denied bail by the Special Judge/CBI and subsequently sought bail from the High Court. 3. Grounds for Bail: - Issue: The petitioner presented several grounds for bail, including his distinguished career, false implication, absence of admissible material, lack of arrest during investigation, and health issues. - Judgment: The petitioner argued that he had a clean record, was not a flight risk, and there was no chance of tampering with evidence. The investigation was complete, and the evidence was already in court custody. 4. CBI's Opposition to Bail: - Issue: The CBI opposed the bail, citing the petitioner's potential to influence witnesses due to his high rank and the seriousness of the allegations. - Judgment: The CBI argued that the petitioner offered a bribe to the then COAS and that his release could lead to witness tampering. However, the court noted that the CBI never complained of any such influence during the two-year investigation. 5. Legal Principles Governing Bail: - Issue: The court examined the legal principles for granting bail, including the nature of the offense, the petitioner's conduct during the investigation, and the absence of arrest. - Judgment: The court referenced several precedents, emphasizing that bail should not be refused unless the crime is of the highest magnitude and the accused is likely to interfere with the judicial process. The court noted that the petitioner was not arrested during the investigation, had cooperated, and appeared promptly in court. 6. Court's Decision on Bail: - Issue: Whether the petitioner should be granted bail based on the presented arguments and legal principles. - Judgment: The court found that the reasons for denying bail by the Special Judge/CBI were against settled legal principles. It directed the petitioner to be released on bail with conditions, including not leaving the country without court permission and not contacting witnesses. Conclusion: The court granted bail to the petitioner, emphasizing the legal principles that govern bail applications, the petitioner's cooperation during the investigation, and the lack of any attempt to influence witnesses. The decision was made with conditions to ensure the petitioner's compliance with the judicial process.
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