9911796707
|
Home
Issues Involved:
1. Whether the impugned order is liable to be set aside. 2. Whether the learned Special Judge granted bail on totally irrelevant considerations. 3. Whether the respondent threatened any witnesses and hampered the investigation. 4. Whether considering the gravity and nature of the offence and prima facie case against the respondent, bail can be cancelled by this Court or whether CBI has to approach the learned Special Judge for cancellation of bail. Summary: Issue 1: Whether the impugned order is liable to be set aside. The CBI challenged the order of the Special Judge granting bail to the respondent, alleging that the order was based on irrelevant considerations and that the investigation was still ongoing. The High Court noted that while the Special Judge's observations might not be entirely accurate, they were not wholly irrelevant. Therefore, the bail granted to the respondent could not be cancelled on this ground alone. Issue 2: Whether the learned Special Judge granted bail on totally irrelevant considerations. The High Court observed that the Special Judge considered the fact that other accused were not arrested and the investigation had reached a conclusion. The Court noted that the Special Judge should not have relied on the non-arrest of other accused as a ground for granting bail, as previously observed by the High Court. However, the Court concluded that these considerations were not entirely irrelevant. Issue 3: Whether the respondent threatened any witnesses and hampered the investigation. The High Court found no material evidence to substantiate the CBI's claim that the respondent tampered with evidence or influenced witnesses. The Court emphasized that mere allegations without evidence are insufficient to cancel bail. The Court also noted that the respondent had cooperated with the CBI and there was no allegation that he tried to flee from justice. Issue 4: Whether considering the gravity and nature of the offence and prima facie case against the respondent, bail can be cancelled by this Court or whether CBI has to approach the learned Special Judge for cancellation of bail. The High Court refrained from making any observations regarding the gravity and nature of the offences or the prima facie case against the respondent, as it is for the Special Court to consider these aspects if the CBI seeks cancellation of bail. The Court provided directions for the CBI to summon the respondent for investigation purposes and allowed the CBI to approach the Special Court for cancellation of bail if the respondent influences witnesses or tampers with evidence. Conclusion: The High Court dismissed the Criminal Petition, upholding the bail granted to the respondent with specific conditions and directions for the CBI to follow during the ongoing investigation. The Court emphasized the importance of evidence and material to substantiate claims of tampering and influencing witnesses.
|
