Summary
P. Chidambaram sought regular bail in the CBI’s INX Media case, while the CBI challenged findings rejecting flight risk and evidence-tampering concerns. The Court granted conditional bail, finding the witness-influence allegation insufficiently supported and considering custody, cooperation, filing of the charge sheet, parity and personal circumstances. The decision was confined to bail in the CBI case and did not adjudicate guilt or the separate Enforcement Directorate proceedings.
Issues
- Whether the stated risks justified denial of regular bail in the CBI case.
- What limits applied to merits findings when deciding bail.
Held
- Bail discretion requires an individual assessment of the accusation, evidence, punishment, risks to attendance and witnesses, personal circumstances and public interest. Flight by unrelated economic offenders does not establish flight risk for the applicant. (¶¶ 22, 23, 24, 27)
- The passport and lookout safeguards, the appellant’s conduct and roots in society supported rejection of flight risk. Relevant documents were held by the agency, Government or Court, supporting the conclusion against document tampering. (¶¶ 26, 27, 32)
- The alleged approaches to witnesses lacked material particulars linking the appellant or his men, and six remand applications contained no such allegation. Generalised or speculative apprehension could not justify denial of bail in these circumstances, particularly after about two months’ custody, cooperation and filing of the charge sheet. (¶¶ 29, 30, 31, 32)
- Bail orders require prima facie reasons, but should avoid exhaustive merits examination prejudicing trial. The High Court’s findings and this judgment’s bail observations were not to influence trial or other proceedings. No opinion was expressed on the separate Enforcement Directorate matter. (¶¶ 17, 18, 21, 33)
Result
The appellant’s appeal was allowed and the CBI’s appeal dismissed. Bail in the CBI case was granted if he was not required in another case, on a Rs.1 lakh bond and two like sureties. Passport deposit, prior Special Court permission to leave India and availability for interrogation were required. All findings were confined to the bail determination.