TaxTMI 
TaxTMI 
TaxTMI 
2025 (3) TMI 1489
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....nt for and on behalf of the petitioner - herein for the complainant. 5. Apprehending his arrest in connection with the offence, referred to above, the petitioner prayed for anticipatory bail which the High Court declined. 6. In such circumstances, referred to above, the petitioner is here before us with the present petition. 7. We heard Ms. Sanya Kaushal, the learned counsel appearing for the petitioner and also looked into the materials on record. The learned counsel made a gallant effort to persuade us to exercise our discretion in favour of the petitioner, however, we had to convey to her with all humility at our command that she has come before us with a very weak matter. 8. The High Court in its impugned order, more particularly Para 5 has observed thus:- "On being put to notice on the previous date of hearing, learned State counsel assisted by learned counsel for the complainant has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. It is submitted that co-accused Prithvi Singh was apprehended red handed while accepting the bribe and admitted that the amount was received on behalf of the petitioner. Furthermore, there was an audio recording ....
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....nt has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section." 10. Section 13(1)(a) of the Act, 1988 reads as under: "13. Criminal misconduct by a public servant (1) A public servant is said to commit the offence of criminal misconduct, (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or" 11. Thus, in an offence under Section 7 of the Act, 1988, the points requiring proof are: (i) that, the accused at the time of the offence was, or expected to be, a public servant; (ii) that, he accepted or retained or agreed to accept, or attempted to obtain from some person a gratification; (iii) that, such gratification was not a legal remuneration due to him; (iv) that, he accepted such gratification as a motive or reward, proof of which is essential for (a) doing or forbearing to do an official act, or (b) showing or fo....
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....omplete his attempt. He made the request, and it lay with the person from whom he demanded the money to comply with the request or not. We are in complete agreement with the opinion expressed by Mr. Justice Pearson in Empress of India v. Baldeo Sahai [(1879) I.L.R. 2 All 253] where that learned Judge lays down that to ask for a bribe is an attempt to obtain one. The learned pleader who appeared on behalf of the petitioner quoted several cases to show what is an attempt what is not. We need not refer to these in detail. We may take the case of the woman who was convicted of having attempted to commit suicide, reported in Queen Empress v. Ramakha [(1884) I.L.R. 8 Mad. 5]. In this case the woman had run towards a well with the intention of jumping down it. Here it was held that there was no attempt to commit suicide, and the reason is obvious. The mere running would not put an end to her life; there was some further act to be done, namely, jumping down the well, before the attempt would be complete. In the case before us, there was nothing further for the petitioner to do; he made the request and, as we have said, whether he received the gratification or not did not depend on hi....
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....rt considered the nature of the right of anticipatory bail and observed as under: "We find it difficult to accept the contention that Section 438 of the Code of Criminal Procedure is an integral part of Article 21. In the first place, there was no provision similar to Section 438 in the old Criminal Procedure Code? Also anticipatory bail cannot be granted as a matter of right. It is essentially a statutory right conferred long after the coming into force of the Constitution. It cannot be considered as an essential ingredient of Article 21 of the Constitution. And its nonapplication to a certain special category of offences cannot be considered as violative of Article 21." (Emphasis supplied) 19. While deciding the aforesaid case, this Court referred to the 41st Report of the Indian Law Commission dated 24th September, 1969 recommending the introduction of a provision for grant of anticipatory bail wherein it has been observed that "power to grant anticipatory bail should be exercised in very exceptional cases". 20. The learned counsel appearing for the petitioner accused vehemently advanced the argument on the subject of life and liberty enshrined in Article 21 of the Constit....
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....the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused's liberty can, sometimes, defeat the cause of public justice. 24. If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge-sheet is filed, the court may consider to grant regular bail to a public servant - accused of indulging in corruption. 25. Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: "Among a people generally corrupt, liberty cannot last long". In more recent years, Romain Rolland lamented that France fell because there was corruption withou....
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....uption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption...." (Emphasis supplied) 29. In K.C. Sareen v. C.B.I., Chandigarh, (2001) 6 SCC 584, this Court observed thus:- "12. Corruption by public servants has now reached a monstrous dimension in India. Its tentacles have started grappling even the institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of the public offices, through strong legislative, executive as well as judicial exercises the corrupt public servants could even paralyse the functioning of such institutions and thereby hinder the democratic polity...." (Emphasis supplied) 30. While approving the judgment of Subramanian Swamy v. Director, Central Bureau of Investigation, (2014) 8 SCC 682, rendered by another Constitution Bench in Manoj Narula's case, a Constitution Bench of this Court, dealing with rampant corruption, observed as under:- "17 Recently, in Subramanian Swamy v. CBI (2014) 8 SCC 682, the Constitution Bench, speaking through R.M. Lodha, C.J., while declaring Section 6-A of the Delhi Spec....
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....e same process of inquiry and investigation." 18. From the aforesaid authorities, it is clear as noonday that corruption has the potentiality to destroy many a progressive aspect and it has acted as the formidable enemy of the nation." (Emphasis supplied) 31. In Neera Yadav v. Central Bureau of Investigation, (2017) 8 SCC 757, this Court observed thus: "59. Every country feels a constant longing for good governance, righteous use of power and transparency in administration. Corruption is no longer a moral issue as it is linked with the search of wholesome governance and the society's need for re-assurance that the system functions fairly, free from corruption and nepotism. Corruption has spread its tentacles almost on all the key areas of the State and it is an impediment to the growth of investment and development of the country. If the conduct of administrative authorities is righteous and duties are performed in good faith with the vigilance and awareness that they are public trustees of people's rights, the issue of lack of accountability would themselves fade into insignificance. 60. To state the ubiquity of corruption, we may refer to the oft-quoted words o....