CBI court grants anticipatory bail to PCI President Montu Patel in bribery case

A Delhi court recently granted anticipatory bail to the Pharmacy Council of India (PCI) President Montu Patel in bribery case.

In an order passed on July 23, special judge Sushant Changotra at Rouse Avenue court observed that the prosecution had failed to present any credible material to support the charges against the applicant.

"The Courts are under bounden duty to strike a fair balance vis-a-vis the protection of personal liberty of an individual / right of investigating agency for fair investigation. In my considered opinion, this Court will fail in its duty, if the personal liberty of the applicant /accused is not protected in view of the aforementioned proposition of law and the facts at hand, specially when the allegations are prima facie not supported by any cogent material," the Court said.

Patel, whose house in Ahmedabad and other properties in India were raided by the CBI earlier in July, is allegedly involved in bribery cases running into crores of rupees.

The court noted that Patel has cooperated with the investigation and no compelling reason or circumstance was presented to justify his custodial interrogation.

"It is also required to be noted that the offences alleged against the accused are punishable with maximum imprisonment which is extendable to seven years. In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Hon'ble Supreme Court laid down guidelines with respect to arrest of accused in offences punishable with imprisonment of 7 years or less," the Court said.

The court noted that claims of ₹5,000 crore bribe and ₹118 crore in assets were based on media reports or unverified inputs, with no concrete details about ownership or purchase timelines.

"Further, perusal of case diary of 10 vis-a-vis the interrogation of applicant shows that he was not confronted with the aforementioned facts. The said facts on the face of it makes the allegations qua the above stated quantum highly doubtful. The said fact on the contrary also makes one wonder that if such allegations were true, then as to how CBI was not able to find any material to support its allegations even after conducting inquiry / investigation for more than 2 years and 4 months," the order said.

The Court reiterated that the seriousness of allegations alone is insufficient without supporting material.

In light of the same, the court directed Patel to be released upon furnishing a bail bond and surety of ₹1 lakh.

[Read Order]