Case Law Details
Pawan Kumar Singla Vs. DGGI (Patiala House Court)
In the given facts, accused is a old man of 66 years of age apparently having clean antecedents as no evidence has been brought forth by the department to show that he has previously been involved/engaged in similar offences. Further, the conduct of the accused seems to be reasonable during investigation as it has not come from the department that he evaded arrest or remained defiant to the directions of the 10. The accused is in custody since 25.11.2020 for about a month and during this time the department got him examined only once which makes it clear that his custodial interrogation is no more required. Having a poor health due to several/multiple diseases may be due to old age is a relevant factor and same can be considered where other yardsticks of granting bail are met out.
Furthermore, there is no justification for classifying offence into different categories such as an economic offences and for refusing bail on the ground that the offence involved belonging to particular category. It cannot, therefore, be said that bail should invariably be refused in cases involving socio economic offences.”
Further, the investigating agency is having the possession of all the documentary evidence collected so far and although the investigation is ongoing for collection of some more documents/incriminating material, the bail should not be refused where the accused does not seem to be a threat to the ongoing investigation. Court is required to make a balance between the conflicting interest namely the sanctity of individual liberty and the rights of the department and the interest of the department can be safeguarded by putting conditions on the accused so that he should not come in the way of fair and proper investigation in future also. Personal liberty of an individual should not be incised unless there are valid consideration. There is nothing to show that accused had hampered or may hamper the investigation.
Accordingly, considering the overall facts and circumstances which includes his age, antecedents, conduct the accused is entitled for bail subject to furnishing PB/SB in the sum of Rs. 5 lacs with one surety in the like amount subject to following conditions:-
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