Sanjay Chandra v. CBI

Facts

• Sanjay Chandra was arrested in connection with the 2G spectrum scam.
• Accused of conspiracy and cheating involving large-scale financial fraud.
• Bail was denied by the trial court and High Court citing gravity of offence and enormous amounts involved.
• Appeal to Supreme Court for bail.

Issue

1. Whether bail should be denied in non-bailable offences solely on the ground that the offence is serious and involves large amounts.

Held

• Bail is the rule, jail the exception. The basic rule is that an accused is entitled to personal liberty unless reasons exist to deprive them.
• Relevant factors: nature and gravity of accusation, severity of punishment, reasonable apprehension of witnesses being influenced, prima facie satisfaction of court.
• Gravity alone does not justify denial; the court must assess whether deprivation of liberty is necessary for the specific accused.
• The court granted bail with conditions (surrender passport, report to police, not leave country).

Ratio Decidendi

The deprivation of personal liberty must be for the shortest time possible. No accused can be kept indefinitely without trial merely because the charges are grave. The court must balance societal interest against individual liberty and impose conditions to address specific concerns rather than deny bail entirely.