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Bail granted to co-accused in Delhi Excise policy scam case, accused allegedly acted as middleman and involved in irregularities. Court held fundamental rights under Article 21 cannot be arbitrarily subjugated to statutory bar. Accused lodged in jail for considerable period, little possibility of trial reaching finality soon. Liberty under Article 21 not abrogated even for special statutes with twin bail bar. Bail being rule, jail exception principle upheld. Keeping undertrial for long duration defeats principle, especially when maximum sentence is 7 years. Petitioner directed to be released on bail of Rs. 10 lakh, not to tamper evidence or influence witnesses.
Bail granted to co-accused in Delhi Excise policy scam case, accused allegedly acted as middleman and involved in irregularities. Court held fundamental rights under Article 21 cannot be arbitrarily subjugated to statutory bar. Accused lodged in jail for considerable period, little possibility of trial reaching finality soon. Liberty under Article 21 not abrogated even for special statutes with twin bail bar. Bail being rule, jail exception principle upheld. Keeping undertrial for long duration defeats principle, especially when maximum sentence is 7 years. Petitioner directed to be released on bail of Rs. 10 lakh, not to tamper evidence or influence witnesses.
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