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TMI Blog2015 (4) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... e has not been convicted it would be contrary to the concept of personal liberty enshrined in the Constitution except in cases where there is reason to believe that he will tamper with the witnesses. In the present case there is no gainsaying the fact that the applicant is charged of an economic offence of some magnitude. However, the fact that the investigating agency has already completed investigation and the charge sheet has already been filed cannot be lost sight of. Furthermore there is no hint or allegation that the accused is a flight risk; nor is there any material to suggest that he will tamper with the evidence - therefore the presence of the applicant in further custody is not necessary. The applicant has already been in cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive, months and his two minor children aged about 10 and 3 years respectively are being subjected to undue harassment in the absence of their only bread earner. 3. On the contrary, it has been urged by Ms. Isha Khanna, learned APP appearing on behalf of the State, that the applicant, who was the Manager of the branch not only exceeded his financial limits but got appointed a relative of the beneficiaries as an appraiser qua the subject loans. It is also urged by Ms. Khanna that the applicant is guilty of conspiracy inasmuch as he was responsible for extending loans to the beneficiaries when he was the Branch Manager in Karol Bagh and continued to benefit the same persons when he was shifted to the Connaught Place branch. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l but in such cases, 'necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses, if left at liberty, save in the most extraordinary circumstances. 23. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons:- (a) The Appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts or 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 Superintendent, CBI 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... berty. 7. In the present case there is no gainsaying the fact that the applicant is charged of an economic offence of some magnitude. However, the fact that the investigating agency has already completed investigation and the charge sheet has already been filed cannot be lost sight of. Furthermore there is no hint or allegation that the accused is a flight risk; nor is there any material to suggest that he will tamper with the evidence. Therefore, in my view, the presence of the applicant in further custody is not necessary. The applicant has already been in custody for more than five months. Consequently, I am of the opinion that the applicant is entitled to grant of bail pending trial on stringent conditions. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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