Interim Protection from Arrest made absolute; petitioner must appear and furnish bail while trial proceeds and participate in proceedings.

Interim protection from arrest granted earlier has been made absolute while emphasising continued participation in the trial process; the court exercised discretion in favour of the petitioner because the charge-sheet does not allege offences under the Prevention of Corruption Act against the private individual and the corruption-related investigation appears abandoned. Remaining offences are triable by a Magistrate, and the operative effect requires the petitioner to appear before the trial court and furnish bail to its satisfaction as a condition of the continued protective relief. The special leave petition is disposed of in the petitioner's favour.

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Issues: Whether the interim protection from arrest granted to the petitioner should be made absolute and what consequential directions should be issued regarding appearance and bail.

Analysis: A charge-sheet has been filed and no offence is alleged against the petitioner under the Prevention of Corruption Act, 1988 because he is a private individual; additionally, the investigative agency appears to have abandoned the corruption-related case. The remaining offences are triable by a Magistrate. The petitioner had been earlier granted protection from arrest by an interim order dated 3 January 2024. Taking these aspects into account and exercising discretion in favour of the petitioner, continued protective relief is warranted subject to participation in the trial process.

Conclusion: The interim order of protection is made absolute; the petitioner is directed to appear before the Trial Court and furnish bail to the satisfaction of the Trial Court. The special leave petition is disposed of in favour of the petitioner.

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