Don't hesitate to deny graft accused pre-arrest bail: Supreme Court

NEW DELHI: Observing that "over-solicitous homage" to the accused's liberty can, sometimes, defeat the cause of public justice, Supreme Court has said that anticipatory bail should be granted only in exceptional cases, particularly when an accused is alleged to be involved in corruption.

A bench of Justices J B Pardiwala and R Mahadevan said corruption in the higher echelons of govt and political parties was the biggest menace which could lead to economic unrest and underscored that courts should not hesitate to deny liberty to an accused in such cases in order to ensure a corruption-free society.

"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," the bench said.

The court passed the order while rejecting anticipatory bail plea of a public servant who was alleged to have demanded illegal gratification in connection with audit of development work undertaken by a gram panchayat. It said Law Commission in its 41st report recommended introduction of a provision for grant of anticipatory bail where it said that "power to grant anticipatory bail should be exercised in very exceptional cases".

"If liberty is to be denied to an accused to ensure corruption free society, then 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 probe is over and chargesheet is filed, court may consider to grant regular bail to a public servant accused of indulging in corruption," SC said.

Stating that parameters for grant of anticipatory bail in a serious offence like corruption were required to be satisfied, the bench said, "Anticipatory bail can be granted only in exceptional circumstances where court is prima facie of view that applicant has been falsely roped into the crime or allegations are politically motivated or frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances have been made out by the petitioner for grant of anticipatory bail and there is no frivolity in the prosecution," it said.

Highlighting the problem of corruption in society, the court said, "If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption."

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