2013 (5) TMI 1050 - HC - Indian Laws

Forgery Of documents - Cheating - Seeking grant of regular bail u/s 439 CrPC - Offence punishable u/s 409/ 420/ 467/ 468/ 471/ 120-B IPC and Sections 13(1)(d)/13(2) of the Prevention of Corruption Act - HELD THAT - In view of the facts, Petitioners are entitled to grant of bail pending trial on stringent conditions in order to allay the apprehension of the investigating agency. It is not necessary to canvass and go into the details of various other issues canvassed by learned counsel for the parties and the cases relied upon by learned counsel for the petitioners in support of their contentions. I have not expressed any opinion on the merit of the case. In the result, petitions are allowed, Petitioners be admitted to bail on their executing bail bonds with solvent sureties each in the sum of 10.00 lac to the satisfaction of trial Court, Bathinda, on the following conditions - a) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. b) They shall remain present before the Court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the appropriate court and also to the State Vigilance Bureau and request that they may be permitted to be present through the counsel. c) They will not dispute their identity as the accused in the case. d) They shall surrender their passport, if any (if not already surrendered), and in case, they are not a holder of the same, they shall swear to an affidavit. If they have already surrendered before the trial Court, that fact should also be supported by an affidavit. e) I reserve liberty to the State Vigilance Bureau to make an appropriate application for modification/recalling this order, if for any reason, the petitioners violate any of the conditions imposed by this Court.

Summary

Issues:
Grant of bail in a case involving economic offenses and corruption charges.

Analysis:
1. The judgment dealt with multiple petitions seeking regular bail under Section 439 Cr.P.C. in a case arising from an FIR involving serious charges under IPC and Prevention of Corruption Act.
2. The FIR alleged that government officials, in connivance with contractors, prepared forged documents causing a significant loss to the state exchequer.
3. The investigation was completed, and the challan was filed, but some accused were yet to be arrested.
4. The petitioners argued against pre-trial incarceration, citing the completion of investigation and submission of charge-sheets.
5. The petitioners relied on legal precedents emphasizing the importance of bail and the violation of Article 21 if undertrial prisoners are detained indefinitely.
6. The State contended that due to the magnitude of the economic offense and the possibility of evidence tampering, the petitioners should not be granted bail.

Court's Decision:
1. The court considered the seriousness of the allegations but emphasized the right to a speedy trial under Article 21 of the Constitution.
2. The court noted that the case was based on documentary evidence and not solely on oral testimony, reducing the risk of witness tampering.
3. Despite the severity of the charges, the court found no justification to continue the petitioners' judicial custody after the completion of investigation and submission of charge-sheets.
4. Consequently, the court granted bail to the petitioners on stringent conditions to allay the apprehensions of the investigating agency.
5. The conditions included restrictions on influencing witnesses, mandatory court appearances, surrendering passports, and the liberty for the State Vigilance Bureau to seek modification if conditions were violated.