Liberty important but gravity of offence, impact on society should also be considered in bail cases: Supreme Court

The Supreme Court recently emphasised that in order to ensure a just outcome in anticipatory bail applications, courts should weigh the gravity of the alleged offence and its impact on society as well, apart from balancing the right to liberty. [Pratibha Manchanda and anr vs State of Haryana and anr].A bench of Justices Surya Kant and CT Ravikumar acknowledged that the relief of anticipatory bail is aimed at safeguarding individual rights. It serves as a crucial tool to misuse the power of arrest and protects innocent individuals from harassment, the Court added. However, such cases also present challenges in maintaining a delicate balance between individual rights and the interests of justice, the Court highlighted.."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 explained..The top court made the observation while allowing a plea to cancel the anticipatory bail granted to a man accused of defrauding an Non-Resident Indian (NRI) couple (appellants) of their property through forged sale deeds and power of attorney agreements. The bench found that the appellants appeared to have fallen into a well-orchestrated conspiracy to rob them off their property. The judges emphasised that it falls on the courts and the State to ward off such injustices and restore one's faith in the rule of law, where the victims of the crime are unable to secure justice on their own on account of their old age and geographical distance..The case also led the bench to flag the menace of land scams and those involved in perpetrating the same with impunity. Land scams have been a persistent issue in India, the Court noted, with scammers often creating fake land titles, forging sale deeds and manipulating land records. There were organised criminal networks involved in such intricate scams, leading to financial losses for individuals and investors as well as disruption in development projects, the Court noted. Such land scams also erode public trust and hinder socio-economic progress, the Court said..The Court added that it is necessary to foil any trace of organised crime perpetrated by the land mafia, through an independent investigation..The Court proceeded to order that the probe in the present case to be handed over to a Special Investigation Team (SIT) led by an officer not below the rank of a Deputy Superintendent of Police. Civil proceedings already initiated against sub-registry officials and other accused persons responsible for the alleged scam shall not affect the criminal proceedings, the Court clarified.The Court also expressed concern that, prima facie, it appeared that property buyers and those who allowed the execution of power of attorney agreements appeared to be hand-in-glove in duping the appellants. This angle also requires a thorough consideration by the investigating authorities, the Court said. The SIT was further given liberty to approach appropriate fora for any modification of bail conditions to the others accused..Advocate Saket Sikri appeared for the appellants. Senior Advocate Maninder Singh appeared for the respondent who is an accused. Additional Advocate General Bansuri Swaraj appeared for the State..[Read Judgment]

Liberty important but gravity of offence, impact on society should also be considered in bail cases: Supreme Court

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