P DAS GUPTA Vs. STATE

JUDGEMENT

(1.) The apprehension of the petitioner is that the moment he will appear in the court of learned Special Judge, he will, be taken into custody as the learned Special Judge as a matter of practice is taking everybody into custody against whom CBI files challan by way of rejecting the bail application. An instance cited is oF co-accused Dr. Bhawna Doshi whose bail application was dismissed on the date she appeared in the court of learned Special Judge and was taken in custody on the same day. Bail application of Dr. Bhawna Doshi was rejected on the ground that there is reasonable possibility of her trying to influence the witnesses if she is enlarged on bail.

(2.) However, co-accused Dr.Bhawna Doshi was granted bail by this court on 8.4.2O02. The only allegation against her was that she had arranged air tickets for the petitioner and his family members. For this offence, the learned Special Judge rejected her bail application by a lengthy order. It was only in view of the nature of allegations that this court granted bail to her vide order dated 8.4.2002.

(3.) The manner in which the learned Special Judge dealt with the bail application of the co-accused shows that evidence was documentary whereas he rejected the bail by referring to cacophony of likelihood of tampering of witnesses by her. This is highly myopic and unwarranted approach while dealing with liberty of a person.