G.S.SINGHVI, H.L.DATTU
Sanjay Chandra – Appellant
Versus
CBI – Respondent
Yes, this judgment holds that bail should not be automatically denied merely due to the seriousness of the charges, even in cases of grave economic offences involving huge losses to the State exchequer. It emphasizes that seriousness is a relevant factor but must be balanced against others, such as the severity of potential punishment (here, up to seven years), completion of investigation, filing of the charge sheet, likelihood of trial delay violating Article 21, absence of evidence showing risk of tampering with witnesses or absconding, and the principle that bail is the rule while jail is the exception. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
Key principles include: - Courts must consider both the seriousness of the offence and the punishment upon conviction, rejecting "rolled-up" reliance on gravity alone. (!) - Prolonged pre-trial detention, especially with voluminous evidence and multiple accused (here, 17), violates speedy trial rights under Article 21, favoring bail to avoid indefinite custody longer than any likely sentence. (!) (!) (!) - Post-investigation and charge sheet filing, custody is unnecessary absent specific risks like witness interference, which were unsubstantiated here. (!) (!) - The Court granted bail on stringent conditions (e.g., bonds of ₹5 lakhs each with sureties, passport surrender, no contact with witnesses), demonstrating that safeguards can address concerns even in serious cases. (!) (!) (!) (!) (!) (!)
Refusal based solely on seriousness would imbalance constitutional rights, treating pre-trial detention punitively rather than preventively. (!) (!) (!)
JUDGMENT
H.L. Dattu, J.
1) Leave granted in all the Special Leave Petitions.
2) These appeals are directed against the common Judgment and Order of the learned Single Judge of the High Court of Delhi, dated 23rd May 2011 in Bail Application No. 508/2011, Bail Application No. 509/2011 & Crl. M.A. 653/2011, Bail Application No. 510/2011, Bail Application No. 511/2011 and Bail Application No. 512/2011, by which the learned Single Judge refused to grant bail to the accused-appellants. These cases were argued together and submitted for decision as one case.
3) The offence alleged against each of the accused, as noticed by the Ld. Special Judge, CBI, New Delhi, who rejected bail applications of the appellants, vide his order dated 20.4.2011, is extracted for easy reference :
Sanjay Chandra (A7) in Crl. Appeal No. 2178 of 2011 [arising out of SLP (Crl.)No.5650 of 2011]:
“6. The allegations against accused Sanjay Chandra are that he entered into criminal conspiracy with accused A. Raja, R.K. Chandolia and other accused persons during September 2009 to get UAS licence for providing telecom services to otherwise an ineligible company to get UAS licences. He, as Managing Director of M/s Unite
Vivek Kumar v. State of U.P., (2000) 9 SCC 443
Prahlad Singh Bhati v. NCT, Delhi, (2001) 4 SCC 280
State of Rajasthan v. Balchand, (1977) 4 SCC 308
Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
Gurcharan Singh and Ors. Vs. State AIR 1978 SC 179
Gudikanti Narasimhulu v. Public Prosecutor, (1978) 1 SCC 240
Babu Singh v. State of U.P., (1978) 1 SCC 579
Moti Ram v. State of M.P., (1978) 4 SCC 47
Kalyan Chandra Sarkar Vs. Rajesh Ranjan- (2005) 2 SCC 42
State of U.P. v. Amarmani Tripathi, (2005) 8 SCC 21
Babba v. State of Maharashtra, (2005) 11 SCC 569
Mahesh Kumar Bhawsinghka v. State of Delhi, (2000) 9 SCC 383]
Vaman Narain Ghiya v. State of Rajasthan, (2009) 2 SCC 281
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.