TaxTMI 
TaxTMI 
2017 (4) TMI 1410
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....ecially the period of custody already undergone by the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two local sureties of the like amount each to the satisfaction of learned Special Judge, vigilance, 1st, Patna/successor court in connection with Special case No. 32 of 2016 arising out of Patna Kotwali Police Station Case No. 270 of 2016 after framing of the charge in the case which must be framed within a month, failing which the petitioner would be released on bail on furnishing bail bond with condition that the petitioner shall fully co-operate with the trial of the case and shall not indulge in any educational activity till the conclusion of the trial or a....
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....ondent, learned senior counsel Mr. Siddharth Luthra appearing on behalf of the State of Bihar contended that, the High Court erred in not taking into consideration the gravity of the offence. He further contended that the respondent herein, Principal of Vishnu Rai College, is the king pin of what is publically known as 'Bihar Toppers Scam' and thereby countered the argument of parity. Relying on the excerpts of the case diary and seizure memo, which were not considered by the High Court, he pointed out that a prima facie case is made out against the respondent and consequently prayed for of setting aside the impugned order which granted conditional bail for the respondent. Per contra learned senior counsel Mr. U.R. Lalit appearing for the ....
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....ant consideration while granting the bail. Heard the learned counsel for parties and perused the documents available on record. A bare reading of the order impugned discloses that the High Court has not given any reasoning while granting bail. In a mechanical way, the High Court granted bail more on the fact that the accused is already in custody for a long time. When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. We are conscious of the fact that the accused is charged with economic offences of huge magnitude and is alleged to be the kingpin/ring leader. Further it is alleged that the respondent-accused is involved in tampering with the answer sheets by....
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....t to the legal propositions canvassed by the learned counsels, it should be noted that there is no straight jacket formula for consideration of grant of bail to an accused. It all depends upon the facts and circumstances of each case. The Government's interest in preventing crime by arrestees is both legitimate and compelling. So also is the cherished right of personal liberty envisaged under Article 21 of the Constitution. Section 439 of The Code of Criminal Procedure, 1973, which is the bail provision, places responsibility upon the courts to uphold procedural fairness before a person's liberty is abridged. Although 'bail is the rule and jail is an exception' is well established in our jurisprudence, we have to measure competing force....
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.... sheet. Therefore, the respondent's presence in the custody may be necessary for further investigation. Furthermore we cannot approve the order of the High Court, in directing the concerned investigating authority to file the charge sheet within a month, as the case involves almost 32 accused and a complex modus operandi. Having bestowed our thoughtful consideration to the gravity of the offence and several other crucial factors which are discussed in detail in preceding paragraphs, we are of the opinion that it is not advisable to release the accused/ respondent on bail at this stage. Accordingly without expressing any opinion on final merits of the case, we set aside the order of the High Court. The appeal stands allowed. ------....