Thursday, December 5, 2019

PC walks out of jail after 106 days, SC says bail is the rule
Can’t Speak On Case, Fly Out Sans Nod


AmitAnand.Choudhary@timesgroup.com

New Delhi:5.12.2019

After spending 106 days in custody, former finance minister P Chidambaram walked out of Tihar Jail on Wednesday evening after the Supreme Court granted him bail in the money laundering case lodged by the Enforcement Directorate. He was earlier given bail in another case related to INX Media scam being probed by the CBI.

Abench of Justices R Banumathi, A S Bopanna and Hrishikesh Roy granted Chidambaram conditional bail, subject to executing bail bonds for a sum of ₹2 lakh with two sureties of the same amount. In an unusual order, the court barred him from giving interviews or making public statements on the case. It also restrained him from leaving the country without the permission of the trial court and directed him to cooperate in the ongoing probe and appear before the ED whenever summoned.

Though the SC agreed with the Delhi HC order that economic offences come within the category of grave offences, it held that the basic jurisprudence — that the grant of bail is the rule and refusal is the exception — continues to hold field to ensure that the accused has the opportunity of securing a fair trial.



While giving PC relief, top court considers old age and ailments

SC also ruled that the gravity of the offence must be one of the factors to be considered in addition to the triple test of flight risk, tampering of evidence and influencing witnesses while deciding a bail plea.

“Therefore, the underlining conclusion is that irrespective of the nature and gravity of charge, the precedent of another case alone will not be the basis for either grant or refusal of bail though it may have a bearing on principle,” the court said while setting aside the high court order refusing bail.

While granting relief to the former FM, it said one of the coaccused has been granted bail by the HC while another has been given interim protection from arrest. It also noted that even the HC had held that Chidambaram is not a flight risk and there is no possibility of tampering with evidence or influencing/intimidating witnesses. It said he didn’t hold any post in the government of the day so as to be in a position to interfere in the ongoing probe.

The court also took into account Chidambaram’s old age and his ailments which aggravated during incarceration as he was put on antibiotics and had been advised to take steroids.

“Taking these and all other facts and circumstances including the duration of custody into consideration, the appellant in our considered view is entitled to be granted bail,” the court said.

BAIL CONDITIONS

Shall not give press interviews nor make any public comment in connection with the case

Shall not tamper with evidence or attempt to intimidate or influence witnesses

Shall make himself available for interrogation for further investigation as & when required

Cannot leave country without specific orders to be passed by special judge

Passport, deposited in court in CBI case, shall remain in deposit

Execution of bail bonds for 2 lakh with two sureties of like amount

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