2007 (11) TMI 706 - HC - Indian Laws

Summary

Issues involved:
The petitioner seeks cancellation of bail granted to the respondent by a Special Judge in a case involving offences under the Prevention of Corruption Act, 1988 and various sections of the Indian Penal Code.

Details of the Judgment:

Issue 1: Grounds for seeking cancellation of bail
The petitioner alleges that the respondent influenced witnesses and fabricated evidence to mislead the investigation agency. The respondent disclosed involvement in forgery of documents and laundering corrupt earnings. The petitioner contends that the bail order is arbitrary and should be set aside.

Issue 2: Respondent's defense
The respondent cooperated during the investigation, submitting affidavits and complying with court directives. The High Court of Allahabad directed consideration of the petitioner's explanation and restrained arrest without proper justification. The respondent's arrest occurred more than two years after the FIR, and he cooperated during police custody and interrogation.

Issue 3: Judicial review of bail order
The Special Judge's bail order was challenged by the petitioner as being based on extraneous factors. The respondent's defense argued that the bail order demonstrated a judicious application of mind to the facts and was not perverse. The respondent denied influencing witnesses or fabricating evidence.

Issue 4: Legal considerations for bail
The court considered factors such as the nature of the offense, character of evidence, accused's conduct, witness tampering risk, public interest, and other relevant aspects while granting bail. The bail order imposed specific conditions on the respondent.

Issue 5: Criteria for cancellation of bail
Cancellation of bail requires substantial reasons, such as interference with justice administration or evidence tampering. A bail order should not be canceled mechanically but based on supervening circumstances affecting a fair trial. The petitioner must demonstrate serious infirmities in the bail order for cancellation.

Conclusion:
The court found no evidence of post-bail tampering with evidence or witness influence by the respondent. The bail order was upheld, with a warning that any future misconduct could lead to bail cancellation. The petition for bail cancellation was dismissed, and the stay on the trial court's order was lifted, with directions to send a copy of the judgment to the trial court.