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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
MOHAN LAL, J.
Predhiman Krishan Koul – Appellant
Versus
Union Territory of J&K Through Incharge Police Station Central Bureau of Investigation, Jammu – Respondent
Bail App No. 400 of 2021
Decided on : 27-12-2021
BAIL - PREVENTION OF CORRUPTION ACT - Section 7 of the Prevention of Corruption Act, 1988; Section 120-B IPC - The court discussed the provisions of the Prevention of Corruption Act, particularly Section 7, which addresses the offense of taking bribes, and Section 120-B IPC concerning criminal conspiracy. The court emphasized the presumption of innocence, the right to personal liberty, and the principle that bail is the rule while jail is the exception. The court interpreted these provisions to highlight that mere allegations do not justify pre-trial detention, especially when the accused have not been found guilty. The court's decision to grant bail was influenced by the lack of evidence against the accused and the need to balance individual rights with societal interests.
Fact of the Case:
The bail applications were filed by Predhiman Krishan Koul and Hilal Ahmed Sheikh, accused of offenses under Section 7 of the Prevention of Corruption Act, 1988, and Section 120-B IPC. The allegations involved a demand for bribes related to a construction project. Both accused claimed innocence and argued that they had no involvement in the alleged offenses, while the CBI opposed bail citing the seriousness of the charges and potential tampering with evidence.
Finding of the Court:
The court found that the allegations against the accused did not warrant continued detention. It emphasized the presumption of innocence and the principle that bail should be granted unless there are compelling reasons to deny it. The court noted that the accused had been in custody for an extended period without any new evidence emerging that would justify their continued detention.
Issues: Whether the accused should be granted bail considering the allegations against them under the Prevention of Corruption Act and the potential for tampering with evidence.
Ratio Decidendi: The court reiterated that the presumption of innocence is a fundamental principle of criminal jurisprudence. It held that the mere existence of a prima facie case does not justify pre-trial detention, and that the principles governing bail emphasize personal liberty. The court concluded that the accused should not be punished before a trial and that their release on bail would not jeopardize the investigation.
Final Decision: The bail applications were granted, allowing the accused to be released on bail subject to certain conditions, including not tampering with witnesses and appearing for trial.
JUDGMENT :
MOHAN LAL, J.
1. By this common order, I would disposed of two bail applications, one filed by A-1, Predhiman Krishan Koul and another filed by A-2, Hilal Ahmed Sheikh as both of them arise out of common FIR, RC0042021A0012 dated 01.02.2021 registered with Police Station CBI, ACB, Jammu for commission of offences U/s 7 of Prevention of Corruption Act, 1988 r/w 120-B IPC.
2. A-1, Predhiman Krishan Koul has claimed bail on the grounds, that he is posted as Technical Officer (T.O) to Superintendent Engineer (S.E) PW (R&B) Circle Udhampur-Reasi; the complainant was allotted some work for construction of Medical Sub-Centre in District Reasi in the year 2017-2018 whereas he was posted to his present place of posting only in 2020; he has nothing to do with the said allotment of work as he is working as Technical Officer to Superintendent Engineer Udhampur and he had absolutely no role to play in respect to any verification of bills relating to work executed by the complainant; complainant came with a bill which was far exceeding the amount which had been sanctioned for the work allotted to the complainant; he was arrested on 02.12.2021 by the respondent-CBI and now he is presently lodged in judicial custody; he had filed bail application before the CBI Court Jammu which was declined by the said Court vide its order dated 09.12.2021; his liberty is of paramount consideration as guaranteed under the Constitution and it would be contrary to the concept of personal liberty if any person is punished in respect of any alleged matter for which he has not been found guilty or convicted thereof; grant of bail is a rule and its refusal is an exception; he is an innocent and has not committed any offence muchless the offence whereas the CBI has charged him taking recourse to Section 7 of Prevention of Corruption Act 1988 r/w 120-B IPC; the allegations made against him would not constitute any offence yet the Court below has only on one singular ground declined his request for bail; the judgments which were relied on relating to fairness of investigation and right to life and liberty have not even been considered by the trial court; the accused from whom alleged bribe money has been recovered has been admitted to bail by the trial court; his incarceration would result in violation of his right to life guaranteed to him under the Constitution of India; it is true that the society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State, but it is equally true that the order granting or refusing the bail must reflect perfect balance between the conflicting interests namely sanctity of individual liberty and the interest of the society; the fundamental principle of criminal jurisprudence is that the presumption of innocence always lies in favour of accused until he is found guilty; the seriousness of the charge is no doubt one of the considerations while considering bail applications but that is not the only test or the factor in the bail applications; generally the object of bail is to secure the presence of the accused person at the trial by reasonable amount of bail, the object of bail is neither punitive nor preventative however the deprivation of liberty must be considered a punishment, the court owe more than verbal respect to the principle that punishment begins after conviction and that every man is deemed to be innocent until duly tried and found guilty; he undertakes to abide by all the conditions imposed by the court if granted bail.
3. A-2, Hilal Ahmed Sheikh has claimed bail on the grounds, that he is a permanent resident/domicile of the Union Territory of Jammu and Kashmir and is a law abiding citizen of India and came to be posted as Superintending Engineer PWD (R&B) Circle Udhampur Reasi and joined on 01.10.2021; on 01.12.2021 a complaint was lodged by one Mohd. Adim Parihar wherein the complainant alleged that he (A-2) has demanded bribe of Rs. 3 lacs from him for grant
The court established that in non-bailable offenses, the presumption of innocence and the right to personal liberty are paramount, and that bail should be granted unless there are compelling reasons ....
The main legal point established in the judgment is the presumption of innocence, the general rule of granting bail, and the balance between individual liberty and societal interest in non-bailable o....
The main legal point established in the judgment is that the grant of bail is the general rule and refusal is the exception, and the court must consider the principles of bail, presumption of innocen....
The main legal point established in the judgment is that bail is the general rule and its refusal is an exception, and that deprivation of personal liberty must be considered a form of punishment. Th....
The main legal point established in the judgment is that the presumption of innocence, grant of bail as a general rule, and deprivation of personal liberty must be considered as punishment. The court....
The main legal point established in the judgment is that the presumption of innocence lies in favor of the accused, and the object of bail is to secure appearance at trial. The judgment also emphasiz....
The court reiterated that bail should be the norm, not the exception, emphasizing the presumption of innocence and necessity of substantial evidence to deny bail.
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