The court granted regular bail to the applicant charged u/s 120B ...

Bail Granted for Applicant in Corruption Case; Court Cites Right to Liberty, Low Flight Risk, and Completed Investigation.

September 21, 2024

Case Laws     Money Laundering     HC

The court granted regular bail to the applicant charged u/s 120B of the IPC and Sections 7/7A/8 of the Prevention of Corruption Act, 1988. The applicant has been cooperative during the investigation, and the investigations against them are complete. Despite the voluminous documents and witnesses involved, the applicant has been in custody since 29.11.2022, while co-accused in similar circumstances have been granted bail. Citing the Supreme Court's observations in Manish Sisodia v. Directorate of Enforcement, the court emphasized that prolonged incarceration before conviction should not become punishment, and the fundamental right to liberty under Article 21 is superior to statutory restrictions. The applicant has deep roots in society, and there is no risk of fleeing. Conditions can be imposed to ensure attendance during trial. Consequently, the court directed the applicant's release on bail subject to fulfilling the imposed conditions.

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