SANJAY CHANDRA versus CBI

SANJAY CHANDRA versus CBI

The seriousness of the charge and magnitude of the alleged economic offence do not by themselves justify denial of bail where the investigation is complete, charge sheet filed, there is no substantial risk of tampering or interference with witnesses, and pre-trial detention is likely to exceed punishment if convicted, thus violating Article 21; accordingly, bail should be granted pending trial subject to stringent conditions.

Parties
Appellant: Sanjay Chandra; Respondent: CBI
Jurisdiction
India
Judgment Date
23 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail by Special Judge, CBI and Single Judge of High Court
Outcome
Appeals allowed; bail granted.
Legal Topics
Bail, Personal Liberty, Article 21 Right to Life and Personal Liberty, Economic Offences
Criminal Law Constitutional Law Bail Personal Liberty Article 21 Right to Life and Personal Liberty Economic Offences

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Parties

Sanjay Chandra

Appellant

CBI

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail by Special Judge, CBI and Single Judge of High Court

Legal Issues

  1. 1 Whether bail should be granted to the appellants accused of economic offences causing alleged huge loss to the State exchequer, pending trial, when investigation is complete and there is no serious contention of tampering or interference with the trial.

Ratio Decidendi

The seriousness of the charge and magnitude of the alleged economic offence do not by themselves justify denial of bail where the investigation is complete, charge sheet filed, there is no substantial risk of tampering or interference with witnesses, and pre-trial detention is likely to exceed punishment if convicted, thus violating Article 21; accordingly, bail should be granted pending trial subject to stringent conditions.

Court Disposition

Appeals allowed; bail granted.

Orders

  • Appellants to be released on bail pending trial, on executing a bond with two solvent sureties each in the sum of Rs. 5 lakhs to the satisfaction of the Special Judge, CBI, New Delhi.
  • Appellants not to make any inducement, threat or promise to persons acquainted with facts of the case.