Anticipatory bail in a serious economic offence turns on prima facie role, custodial interrogation, parity, and criminal antecedents.

The commentary addresses anticipatory bail in a coal levy scam, focusing on whether prima facie material, custodial interrogation, parity with co-accused, and criminal antecedents justified relief. It notes that the case diary and a co-accused's supplementary statement were said to indicate involvement in a serious economic offence involving alleged administrative influence, a shift from online to offline coal transport verification, and substantial public loss. It also states that parity was considered inapplicable because the other accused were said to be on different facts and the investigation remained pending.

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Issues: Whether the applicant was entitled to anticipatory bail in view of the prima facie material showing his role in the alleged coal levy scam, the need for custodial interrogation, and the claim of parity with co-accused who had obtained bail.

Analysis: The material in the case diary and the supplementary statement of a co-accused indicated prima facie involvement of the applicant in the alleged offence, including influence over administrative functioning and the alleged switching of coal transport verification from online to offline mode. The Court found that the accusations disclosed a serious economic offence involving a deep-rooted conspiracy and substantial public loss, and that custodial interrogation was necessary to confront the applicant with the statements and material collected by the prosecution. The plea of parity was rejected because the other accused persons had been granted bail in different factual circumstances and the present applicant had sought anticipatory bail while the investigation was still pending. The Court also relied upon the applicant's criminal antecedents in other cases while assessing the bail request.

Conclusion: Anticipatory bail was not justified and the application was rejected.

Ratio Decidendi: Where the investigation discloses a prima facie role in a serious economic offence, custodial interrogation is necessary, and the accused has relevant criminal antecedents, anticipatory bail may be refused notwithstanding a claim of parity.

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