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Mr.P.Chidambaram M.P on “BAIL” – updated with order.

Hon’ble Supreme Court has released Ex-Finance Minister Mr.P.Chidamaram on “BAIL” today concerning “INX MEDIA” case.

The question falling for consideration is when other factors i.e. “flight risk” and “tampering with evidence” are held in favour of the appellant, whether the High Court was justified in declining regular bail to the appellant on the apprehension that there is possibility that the appellant might influence the witnesses.

Hon’ble Apex court has reiterated its previous views such as reasoning order is a requirement of law especially for the granting or refusing of bail so as to indicate application of mind to the matter. Further Hon’ble Apex Court has held that recording of reasons is necessary since the accused / prosecution /victim has every right to know the reasons for grant or refusal to grant bail.

Supreme court further held that at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching upon the merit of the case, which may prejudice the accused, should be avoided.

Hon’ble Supreme court refuse to go intense regarding the merits of the case and held as follows:

“In this appeal, we are only concerned with the question of grant of bail or otherwise to the appellant in the CBI case. We have referred to the submission of learned Senior counsel for the appellant and learned Solicitor General only for the sake of completion of the sequence of the contentions raised. Since the 16 matter pertaining to Enforcement Directorate is pending before the concerned court, we are not expressing any opinion on the merits of the rival contention; lest it might prejudice the parties in the appropriate proceedings”.

Supreme Court set aside the arguments such as “flight-risk”, “influencing the witness” quoting “sealed cover” arguments and further held that flight-risk and possibility of influencing the witnesses cannot be the ground to deny the bail.

Supreme Court finally granted bail by expressing its opinion only for the limited purpose of considering the regular bail in CBI case and shall not have any bearing in any other proceedings.

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