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J. B. PARDIWALA, R. MAHADEVAN
Devinder Kumar Bansal – Appellant
Versus
State Of Punjab – Respondent
Key Points: - Denial of anticipatory bail to an Audit Inspector accused of demanding illegal gratification; High Court denial upheld due to lack of exceptional circumstances. (!) (!) - Anticipatory bail is not a right and can only be granted in exceptional circumstances; mere solicitation/demand of bribe constitutes an offence under Section 7 PC Act. (!) (!) (!) - Discussion of the elements required to prove an offence under Section 7 and its relation to Section 13(1)(a) PC Act; emphasis on "gratification" and that actual bribe exchange is not essential for offence. (!) (!) (!) - Court cites broader anti-corruption jurisprudence and emphasizes balancing individual liberty with public justice; anticipatory bail can be denied in corruption cases. (!) (!) (!) - The judgment clarifies that regular bail considerations differ from anticipatory bail considerations. (!) (!) - Observations on precedent relating to Section 6-A (CBI) and equal treatment of public servants in corruption cases. (!) (!) (!)
ORDER :
1. Exemption Applications are allowed.
2. The High Court has denied anticipatory bail to the petitioner in connection with First Information Report No. l dated 08.01.2025 registered with the Vigilance Bureau, Police Station, Patiala for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. It appears from the materials on record that the petitioner – herein is serving as Audit Inspector with the Government.
4. He is alleged to have demanded illegal gratification in connection with conducting of audit pertaining to development work undertaken during the tenure of the wife of the complainant as Sarpanch of the Gram Panchayat. It is further alleged that the co-accused by name Prithvi Singh actually collected the bribe amount for and on behalf of the petitioner – herein for the complainant.
5. Apprehending his arrest in connection with the offence, referred to above, the petitioner prayed for anticipatory bail which the High Court declined.
6. In such circumstances, referred to above, the petitioner is here before us with the present petition.
7. We heard Ms. Sanya Kaushal, the learned counsel appear
Anticipatory bail is not a matter of right and can only be granted in exceptional circumstances, with mere solicitation of a bribe constituting an offence under the Prevention of Corruption Act.
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and....
The court established that anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving serious allegations of corruption, and that the principle of ....
Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibra....
Exoneration in departmental proceedings does not prevent criminal prosecution under the Prevention of Corruption Act if the charges involve higher proof standards; 'public servant' includes cooperati....
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