New Delhi, Oct 16 The Supreme Court on Friday granted bail to former Rajasthan minister Mahesh Chandra Joshi in a 2024 case relating to alleged financial irregularities within the Public Health Engineering Department (PHED) in the state.
A bench of Justices Dipankar Datta and Sheel Nagu also granted bail to Mukesh Pathak, another accused in the case.
The bench allowed the appeals filed by Joshi, who was the then PHED minister, and Pathak. They had challenged the Rajasthan High Court’s August 13 order which rejected their applications seeking regular bail.
The top court noted that the probe regarding both the appellants was complete and the edifice of the prosecution’s case rests overwhelmingly upon documentary records and electronic trails.
It said the record of the case was voluminous, involving 22 accused, three chargesheets, 124 cited prosecution witnesses and 192 documents spread over 20,000 pages.
“As repeatedly emphasised by this court, prolonged pre-trial detention cannot be permitted to degenerate into punishment without trial in derogation of an undertrial’s fundamental right to personal liberty and speedy trial guaranteed under Article 21 of the Constitution,” the bench said.
Senior advocates Sidharth Luthra and Siddharth Aggarwal along with advocate Vivek Jain appeared for Joshi in the matter.
In its order, the top court noted that allegations pertained to irregularities in tenders floated by the PHED of Rajasthan under the ‘Jal Jeevan Mission’.
“There can be no gainsaying that allegations of large-scale financial impropriety and institutional collusion in the execution of a public welfare project such as the ‘Jal Jeevan Mission’ are grave and warrant serious scrutiny,” the bench observed.
It said the gravity of allegations, however serious, cannot by itself eclipse all other considerations governing the grant of bail or justify indefinite pre-trial detention.
The bench noted that Joshi has remained in custody in connection with the investigation of the FIR since May 7.
It noted that Joshi was granted bail by the apex court in the connected proceeding under the Prevention of Money Laundering Act (PMLA) in December last year.
The bench said several co-accused in the FIR were already granted interim protection or bail, and trial in the case was yet to commence.
“Viewed in the totality of the aforesaid circumstances, we are satisfied that further pre-trial incarceration of the appellants is neither warranted nor necessary, and that any legitimate apprehension of the prosecution can be adequately safeguarded by imposing appropriate conditions,” it said.
While setting aside the high court order regarding the appellants, the bench directed that both of them be released on bail upon furnishing bail bonds and sureties to the satisfaction of the trial court.
The top court also imposed certain conditions on them, including that they shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case or tamper with the prosecution evidence in any manner.
“Should either of the appellants breach any of the conditions imposed or default in appearing before the trial court without sufficient cause, it shall be open to the trial court to cancel the bail of the defaulting appellant and pass appropriate orders in accordance with law,” the bench said.
(PTI News)
