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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
UTKARSH THAKORBHAI DESAI
Shailesh K. Chauhan – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
UTKARSH THAKORBHAI DESAI, J.
1. The Hon'ble Apex Court in the judgment of Devender Kumar Bansal Vs State of Punjab reported in 2025 (4) SCC 493, in paragraph nos. 23, 24, 25 and 26 has observed thus :-
"23. The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused's liberty can, sometimes, defeat the cause of public justice.
24. If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge-sheet is filed, the court may consider to accused of grant regular bail to a public servant indulging in corruption.
25. Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
(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 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 ....
Custodial interrogation is essential in corruption cases even if the accused was not present during the act, as liability can extend through intermediaries.
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 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 ....
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