NDLI: Shri P. Chidambaram Vs. Central Bureau of Investigation

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Grant or refusal of Factors to be considered Order granting or refusing bail Bail Reasoned order
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Bail: Grant or refusal of – Case registered by CBI against appellant–member of parliament and Senior member, u/s. 120B rw s. 420 IPC, ss. 8, 13(2) rw s. 13(1)(d) of the Prevention of Corruption Act, 1988 – Arrest of the appellant and since then appellant in custody – Bail application – High Court declined regular bail to appellant – On appeal, held: Appellant is not a “flight risk” and in view of the conditions imposed, there is no possibility of his abscondence from the trial – Statement of the prosecution that the appellant has influenced the witnesses and there is likelihood of his further influencing the witnesses cannot be the ground to deny bail to the appellant particularly, when there is no such indication in the remand applications filed by the prosecution – Charge sheet has been filed against the appellant and other co-accused – Appellant is in custody for about two months whereas co-accused were already granted bail – Appellant is said to be aged 74 years and is also said to be suffering from age related health problems – In view thereof, the appellant entitled to be granted bail. Grant or refusal of – Factors to be considered – Stated. Judgment/order: Order granting or refusing bail – Reasoned order – Necessity of – Held: Recording of reasons is necessary since the accused/prosecution/victim has every right to know the reasons for grant or refusal to grant bail – It would help the appellate court to appreciate and consider the reasonings for grant or refusal of bail – At the stage of granting bail, an elaborate examination of evidence and detailed reasons touching upon the merit of the case, should be avoided.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1176
Petitioner	Shri P. Chidambaram
Respondent	Central Bureau Of Investigation
SCR	[2019] 13 S.C.R. 985
Judgement Date	2019-10-22
Case Number	1603

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