Court Must Draw Delicate Balance Between Liberty Of An Individual & The Need For Fair Investigation – Says Sc In Hearing Of Criminal Appeals.

What is the case about ? 

In this case, two criminal appeals are presented before the apex court against impugned judgement and order passed by High Court of Gujarat on 19.12.2022.

In the judgement, HC allowed anticipatory bail filed by respondent 1 in connection with an FIR registered at Gandhinagar Police Station under Section 7 of Prevention of Corruption Act, 1988 ( as amended in 2018).

The impugned order and judgement of the High Court said that there is a doubt regarding acceptance of bribe amount and there is no evidence of acceptance by respondent 1.

CONTENTIONS OF THE PARTIES 

The counsel on behalf of appellants submitted that High Court failed to considered the intensity of facts and circumstances of the case and made an error in exercising its discretionary jurisdiction under Section 438 of Cr.P.C. It was also submitted that HC in its judgement did not considered the voice recordings in which clear demand and acceptance of bribe is made by respondent 1.

The counsel on behalf of the respondent strongly refused the allegations raised against the respondent and defended the judgement of the HC. It was submitted that the voice recordings took place in absence of police and thus does not hold evidentiary value. It was also claimed that the appellant had animosity with the respondent.

JUDGEMENT 

The apex court allowed the appeals and set aside the impugned order and judgement of the HC dated 19.12.22 thereby dismissing the anticipatory bail of the respondent.

Court held that there is no exact defined formula that can be applied for either granting or refusing anticipatory bail. It is the discretion of the court which must be based on relevant factors and valid reasons.

Court held that HC materially erred in considering the lodging of FIR which was days after from the commencement of the alleged offence. 

The apex court directed the subordinate courts to be extra conscious with matters involving corruption as it a threat to the society and must be handled strictly and strongly.