Allegations of Bribery and Influence Over Judicial Proceedings Lead to Bail Denial in Case Against Advocate Jatin Salwan
In a significant legal decision, the Punjab and Haryana High Court has denied bail to Advocate Jatin Salwan, who stands accused in a corruption case involving the alleged demand of illegal gratification to influence judicial proceedings. The case, registered under FIR No.RC0052025A0015, has drawn considerable attention due to the serious nature of the allegations, which purportedly involve a bribe of Rs.30,00,000 to secure a favorable court order in a divorce matter.
The court, presided over by Justice Sumeet Goel, underscored the gravity of the allegations, citing the potential erosion of public trust in the judicial system. The judgment highlighted prima facie evidence, including recorded conversations and trap proceedings, supporting the allegations against Salwan. Despite arguments from Salwan's counsel, who claimed the accusations were motivated and that the demand was misconstrued as professional fees, the court found the evidence compelling enough to deny bail.
The Central Bureau of Investigation (CBI), represented by Special Public Prosecutor Akashdeep Singh, opposed the bail application, emphasizing the severe impact such corruption could have on the judiciary's integrity. The CBI's investigation revealed that the demand for bribe was verified through recorded telephonic conversations and subsequent trap proceedings, which led to the recovery of part of the bribe amount.
Justice Goel reiterated the Supreme Court's stance on corruption cases, emphasizing the need for a stringent and cautious approach when allegations involve misuse of influence in judicial processes. The judgment noted that the allegations against Salwan are not merely private fraud but pose an existential threat to the judiciary as an institution.
Salwan, aged 70 and suffering from cardiac ailments, argued for bail on medical grounds and the completion of the investigation, pointing out his lengthy incarceration. However, the court was unconvinced, noting the broader socio-legal implications and potential danger to public confidence in the justice system.
The decision also considered Salwan's involvement in another criminal case, further influencing the court's decision to deny bail. The judgment allows Salwan the liberty to apply for bail afresh after key witnesses are examined in the trial.
Bottom Line:
Bail application under Section 439 Cr.P.C. in a corruption case involving an Advocate accused of demanding illegal gratification to influence judicial proceedings - Bail denied considering the gravity of allegations, prima facie evidence of bribery, and potential impact on public confidence in the judicial system.
Statutory provision(s): Criminal Procedure Code, 1973, Section 439; Prevention of Corruption Act, 1988, Section 7A; Bharatiya Nyaya Sanhita, 2023, Section 61(2).
Jatin Salwan v. Central Bureau of Investigation, (Punjab And Haryana) : Law Finder Doc id # 2847634
