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TMI Blog2024 (1) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... 980 (4) TMI 295 - SUPREME COURT ], Hon ble the Supreme Court has observed as under:- Judges have to decide cases as they come before them, mindful of the need to keep passions and prejudices out of their decisions. The Court has also observed that in which case bail should be granted and in which case it should be refused is a matter of discretion. Admittedly, the petitioner is a senior citizen and is in custody since 22.08.2023. The challan has already been presented against the petitioner and his co-accused. The present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. - HON BLE MR. JUSTICE N.S. SHEKHAWAT Present: For the Petitioner : Mr. Aman Pal, Advocate. For the Respondent : Ms. Sheenu Sura, Deputy Advocate General, Haryana. *** N.S. SHEKHAWAT J. 1. The petitioner has filed the present petition under Section 439 Cr. P.C with a prayer to grant regular bail to him in case FIR No. 553 dated 30.07.2016, under Sections 406,419,420,465,467,468,471 of IPC (Sections 409, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndst. No. Dated. A copy is forwarded to worthy Excise Taxation Commissioner, Haryana, Panchkula for information. SD V.K Shastri, Excise Taxation Officer, Sirsa. 3. Learned counsel for the petitioner contends that the petitioner is aged about 70 years and is a senior citizen. The petitioner retired as Joint Commissioner Excise and Taxation, Haryana in the year 2014 and during his entire service career, there has not been even a single complaint against him, except the abovementioned FIR and 21 similar FIRs. He further submits that the petitioner remained posted as Deputy Excise and Taxation Commissioner, Sirsa from 2009 to 03.07.2012. He further contends that all the refunds which were given to different firms during the tenure of the petitioner as DETC, were approved by Mr. D.P Beniwal, who was working as E.T.O in department at the relevant time. He further submits that in the present case, the provisional assessment is approved by the E.T.O, after making the provisional assessment by him and thereafter, DETC approves the refund. As per the provisions of Haryana VAT,2003, the E.T.O is responsible for doing the physical verification of the firm and to examine the returns as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was a great trust exercisable not casually but judicially, with lively concern for the cost to the individual and the community. It was further held that deprivation of personal freedom must be founded on the most serious considerations relevant to the welfare objectives of society specified in the Constitution. The learned Judge quoted Lord Russel who had said that bail was not to be withheld as a punishment and that the requirements as to bail were merely to secure the attendance of the prisoner at trial. According to V.R. Krishna Iyer, J., the principal rule to guide release on bail should be to secure the presence of the applicant to take judgment and serve sentence in the event of the Court punishing him with imprisonment. After holding that it makes sense to assume that a man on bail has a better chance to prepare and present his case than one remanded in custody the learned Judge observed that if public justice is to be promoted mechanical detention should be demoted. 9. In Gurbaksh Singh Sibbia etc Vs The State of Punjab, AIR 1980 SC 1632, Hon ble the Supreme Court has observed as under:- Judges have to decide cases as they come before them, mindful of the need to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to classify the cases and to say that in particular classes bail may be granted but not in other classes. The Supreme Court apparently approved the above views and observations and held (vide paragraph 30) as follows : It is thus clear that the question whether to grant bail or not depends for its answer upon a variety of circumstances, the cumulative effect of which must enter into the judicial verdict. Any one single circumstance cannot be treated as of universal validity or as necessarily justifying the grant or refusal of bail. The legal position emerging from the above discussion can be summarised as follows : (a) Personal liberty is too precious a value of our Constitutional System recognised under Article 21 that the crucial power to negate it is a great trust exercisable not casually but judicially, with lively concern for the cost to the individual and the community. Deprivation of personal freedom must be founded on the most serious considerations relevant to the welfare objectives of society specified in the Constitution. (b) As a presumably innocent person the accused person is entitled to freedom and every opportunity to look after his own ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granting or refusing bail. The answer to the question whether to grant bail or not depends upon a variety of circumstances, the cumulative effect of which must enter into the judicial verdict. Any one single circumstance cannot be treated as of universal validity or as necessarily justifying the grant or refusal of bail. (i) While exercising the discretion to grant or refuse bail the Court will have to take into account various considerations like the nature and seriousness of the offence; the circumstances in which the offence was committed; the character of the evidence; the circumstances which are peculiar to the accused; a reasonable apprehension of witnesses being influenced and evidence being tampered with; the larger interest of the public or the State; the position and status of the accused with reference to the victim and the witness; the likelihood of the accused fleeing from justice; the likelihood of the accused repeating the offence; the history of the case as well as the stage of investigation etc. In view of so many variable factors the considerations which should weigh with the Court cannot be Exhaustively set out. However, the two paramount considerations ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fences the Court will have to consider the larger interest of the public or the State. Hence only the considerations which should normally weigh with the Court in the case of other nonbailable offences should apply in the case of economic offences also. It cannot be said that bail should invariably be refused in cases involving serious economic offences. (o) Law does not authorise or permit any discrimination between a foreign National and an Indian National in the matter of granting bail. What is permissible is that, considering the facts and circumstances of each case, the Court can impose different conditions which are necessary to ensure that the accused will be available for facing trial. It cannot be said that an accused will not be granted bail because he is a foreign national. 10. Admittedly, the petitioner is a senior citizen and is in custody since 22.08.2023. The challan has already been presented against the petitioner and his co-accused. 11. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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