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TMI Blog2015 (10) TMI 2765X X X X Extracts X X X X X X X X Extracts X X X X ..... requirement of the custodial interrogation of the Appellants - HELD THAT:- After considering the gravity of the offence, circumstances of the case, particularly, the allegations of corruption and misappropriation of public funds released for rural development, and further considering the conduct of the Appellants and the fact that the investigation is held up as the custodial interrogation of the Appellants could not be done due to the anticipatory bail, we are of the opinion that the High Court has rightly cancelled the anticipatory bail granted to the Appellants by the Additional Sessions Judge, Jalgaon. We decline to interfere with the order of cancellation of anticipatory bail, passed by the High Court - appeal dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner, by Deputy Commissioner (Development), Nasik Region, who found substance in the allegations against the Appellants. In C.R. No. 71 of 2013 there is allegation of misappropriation of ₹ 28.35 lacs, and in C.R. No. 73 of 2013 the allegations relate to misappropriation of ₹ 13.75 lacs. In respect of village Waghlud one Mangal Ganpat Patil was shown as contractor, but no such contractor was found in existence. Vouchers shown regarding payment of ₹ 14.94 lacs were found false, which related to construction of overhead water tank in Waghlud village which was already in existence in said village under another scheme. The amount of first installment of ₹ 1.43 lacs and second installment of ₹ 1.44 lacs for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s note of this fact in the impugned order passed on the applications moved by the complainant for cancellation of bail before it. Appellant Sudhir Dahake, Sectional Engineer, also appears to have obtained anticipatory bail from the Court of Additional Sessions Judge, Jalgaon. Allegations against him were specific as he was supervising the work under Appellant Chandrakant, the Executive Engineer. Strangely, the State did not file any application for cancellation of bail, however, it supported such application for cancellation of bail moved by the complainant before the High Court. 6. Learned Counsel for the State has submitted before us that there is requirement of the custodial interrogation of the Appellants. It is further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the attempt to discover formulae of universal application when facts are bound to differ from case to case frustrate the very purpose of conferring discretion. No two cases are alike on facts and therefore, courts have to be allowed a little free play in the joints if the conferment of discretionary power is to be meaningful. There is no risk involved in entrusting a wide discretion to the Court of Session and the High Court in granting anticipatory bail because, firstly, these are higher courts manned by experienced persons, secondly, their orders are not final but are open to appellate or revisional scrutiny and above all because, discretion has always to be exercised by courts judicially and not according to whim, caprice or fancy. On t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en into account by the learned Single Judge. We have absolutely no doubt that if the Respondents are equipped with such an order before they are interrogated by the police it would greatly harm the investigation and would impede the prospects of unearthing all the ramifications involved in the conspiracy. Public interest also would suffer as a consequence. Having apprised himself of the nature and seriousness of the criminal conspiracy and the adverse impact of it on "the career of millions of students", learned Single Judge should not have persuaded himself to exercise the discretion which Parliament had very thoughtfully conferred on the Sessions Judges and the High Courts through Section 438 of the Code, by favouring the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties, and after considering the gravity of the offence, circumstances of the case, particularly, the allegations of corruption and misappropriation of public funds released for rural development, and further considering the conduct of the Appellants and the fact that the investigation is held up as the custodial interrogation of the Appellants could not be done due to the anticipatory bail, we are of the opinion that the High Court has rightly cancelled the anticipatory bail granted to the Appellants by the Additional Sessions Judge, Jalgaon. Therefore, we are not inclined to disturb the same. 14. Accordingly, we decline to interfere with the order of cancellation of anticipatory bail, passed by the High Court. All the four appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
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