Anticipatory Bail - Personal Liberty Important, But Courts Must Also Consider Gravity Of Offence & Impact On Society : Supreme Court

The Supreme Court observed that, while dealing with anticipatory bail applications, courts must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation.

While it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyze the seriousness of the offence and determine if there is a need for custodial interrogation, the bench of Justices Surya Kant and C T Ravikumar said.

In this case, the Punjab and Haryana High Court had granted bail to some accused against whom an FIR was lodged under Sections 406, 420, 467, 468, 471 and 120­B of the Indian Penal Code. They were accused of forging documents for transferring ownership of land worth crores of rupees.

In appeal, the Apex Court bench noted that the allegations raised against the accused are serious, and observed:

The relief of Anticipatory Bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. The court's discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome

The court also added that the land scams results not only in financial losses for individuals and investors but also disrupt development projects, erode public trust, and hinder socio­economic progress.

The facts of the case speak for themselves and an element of criminality cannot be ruled out at this stage, the court added while setting aside the High Court order.

The court also directed the Commissioner of Police, Gurugram to constitute a Special Investigation Team (SIT) headed by an officer not below the rank of Dy.Superintendent of Police along with two Inspectors as its members. The SIT shall conclude the investigation as early as possible and not later than two months from the date of this order, the court said.

Case details

Pratibha Manchanda vs State of Haryana | 2023 LiveLaw (SC) 514 | 2023 INSC 612

Counsel for Petitioners

Saket Sikri, Adv, Gautam Khazanchi, Adv, Ajaypal Singh Kullar, Adv, Vikalp Mudgal, AoR.

Counsel for Respondents

Bansuri Swaraj, AAG, Nihar Dharmadhikari, Adv, Monika Gusain, AoR, Raktim Gogoi, Adv, Kartikeya Singh, Adv, S Vinod, Adv, Shivam Pal Sharma, Adv, Rakesh Kumar Singh, AoR.  

Headnotes

Code of Criminal Procedure, 1973 ; Section 438 - Anticipatory Bail - The relief of Anticipatory Bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. The court's discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome. (Para 19)

Land scams - Land scams in India have been a persistent issue, involving fraudulent practices and illegal activities related to land acquisition, ownership, and transactions. Scammers often create fake land titles, forge sale deeds, or manipulate land records to show false ownership or an encumbrance­free status. Organized criminal networks often plan and execute these intricate scams, exploiting vulnerable individuals and communities, and resorting to intimidation or threats to force them to vacate their properties. These land scams not only result in financial losses for individuals and investors but also disrupt development projects, erode public trust, and hinder socio­economic progress. (Para 25)

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