Court Balances Allegations of Corruption with Fundamental Right to Personal Liberty
In a significant judgment, the Chhattisgarh High Court has granted bail to Anwar Dhebar, accused in a high-profile economic offence case involving allegations of corruption and conspiracy. The court emphasized the necessity of balancing the gravity of the allegations with the fundamental right to personal liberty under Article 21 of the Constitution of India.
The case against Dhebar revolves around a scheme in the State of Chhattisgarh, where it is alleged that significant sums of money were illegally generated through corruption and conspiracy. Despite the seriousness of the charges, the court found that the prolonged pre-trial incarceration of Dhebar, who was not named in the initial FIR, would violate his fundamental rights.
Justice Arvind Kumar Verma, presiding over the case, highlighted that Dhebar had been in custody for over four months without any fresh incriminating evidence emerging against him. The investigation against Dhebar is reportedly complete, and the evidence is largely documentary, diminishing the need for his continued detention.
The court noted that the prosecution's case primarily relied on statements from co-accused individuals, which by themselves, without corroboration, cannot justify prolonged detention. Furthermore, the court pointed out that other co-accused with graver allegations have already been granted bail, reinforcing the principle of parity.
While acknowledging the gravity of the economic offences, the court underscored that such allegations alone cannot justify the denial of bail. It stressed that concerns about Dhebar potentially tampering with evidence or influencing witnesses must be backed by concrete material, which was not presented.
The court set stringent conditions for Dhebar's release on bail, including surrendering his passport, cooperating with the investigation, and refraining from influencing witnesses or tampering with evidence. The decision reflects a nuanced approach to bail jurisprudence, considering both the severity of economic offences and the individual's constitutional rights.
The High Court's decision to grant bail in this case aligns with the broader judicial approach that prioritizes liberty, emphasizing that jail should be the exception rather than the rule, especially when the trial is unlikely to conclude soon. The judgment is expected to have implications for future cases involving economic offences, reinforcing the importance of balancing societal interests with individual rights.
Bottom Line:
Economic offences - Grant of bail - The court must balance the gravity of allegations with the fundamental right to personal liberty under Article 21 - Prolonged pre-trial incarceration without likelihood of early conclusion of trial would offend Article 21.
Statutory provision(s): Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code Sections 384, 409, 120B, Prevention of Corruption Act, 1988 Sections 11, 13(1)(a), 13(2)
Anwar Dhebar v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2838088
