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Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”
Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.
The prosecution alleged that one accused brought the victim to a hotel, stupefied her by providing liquor and the two engaged in sexual intercourse with her.
The Supreme Court reminded the High Courts and the Sessions Courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail in Cheating cases.
by Shubham Priyadarshi†
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
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