Sanjay Chandra v CBI

• Sanjay Chandra and other corporate executives were accused in the 2G spectrum case of offences including conspiracy and cheating in the grant of UAS licences. The Special Judge, CBI, New Delhi rejected their bail applications on 20 April 2011, and a Single Judge of the Delhi High Court refused bail under S.439 CrPC on 23 May 2011. They appealed. The appeals were heard by G.S. Singhvi and H.L. Dattu JJ; the judgment was written by Dattu J.

1. Whether bail should be refused to accused in a serious economic offence where investigation is complete and the charge sheet has been filed.

• The object of bail is to secure the appearance of the accused at the trial; it is neither punitive nor preventive, and deprivation of liberty before conviction must be justified by necessity. The seriousness of the charge is relevant but is not the only test. Since investigation was complete and the charge sheet filed, custody was not needed for investigation; with seventeen accused and voluminous evidence, the trial would take considerable time. Bail was granted on bonds with two solvent sureties of Rs 5 lakh each, with conditions including attendance at trial, no tampering with witnesses and surrender of passports.

The object of bail is to secure the presence of the accused at the trial; it is neither punitive nor preventive. Deprivation of liberty before conviction must be justified by necessity, and the seriousness of the charge, though relevant, is not the only test. Once investigation is complete and custody is no longer needed, a long trial ahead weighs in favour of bail on suitable conditions.