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MANOJ KUMAR OHRI
CBI – Appellant
Versus
Devendra Jain – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. read with Section 439(2) Cr.P.C. on behalf of the petitioner/CBI seeking setting aside of the orders dated 06.01.2022 and 07.01.2022 passed by the learned Special Judge (PC act), CBI-15, Rouse avenue Courts, New Delhi in the case arising out of RC No.218/2021/a0007 registered under Sections 7/8/9/10 of the Prevention of Corruption act, 1988 (as amended in 2018) read with Section 120B IPC at P.S. CBI/aC-III, Delhi.
2. Insofar as prayer clause (a) is concerned, the same was not pressed having become infructuous.
3. The facts of the case, as noted by the learned Special Judge, are as under:-
'3. (I) ...on 30.12.2021 on the basis of 'source information' that a-1 akil ahmad, being Regional Officer of National Highways authority of India (in short 'NHaI') was in the habit of demanding and accepting illegal gratification from NHaI contractors for clearing their pending bills and for issuing Provisional Commercial Operations Date (in short 'PCOD') for completed projects.
(ii) On 30.12.2021 a-1 had demanded illegal gratification from a-2 Retnakaran Sajilal, General Manger of M/s Dilip Buildcon Private
The legal principle established is that the grant of bail must be secured within the bounds of the law and in compliance with the conditions laid down by the Court, balancing numerous factors that gu....
(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 ....
(1) Personal liberty as guaranteed under Article 21 of Constitution cannot be deprived to a citizen except with procedure established by law.(2) Bail – Operation of bail granted in some special circu....
Article 21 of Constitution of India provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
Point of Law : By issuing certain directions like “surrender of passport”, “issuance of look out notice”, “flight risk” can be secured. So far as “tampering with evidence” is concerned, High Court ri....
Bail applications must balance the seriousness of allegations, the severity of potential punishment, and the risk of flight by the accused.
Point of Law : Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail.
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