SC has submitted a symbolic decision on default bail [Read Judgment]

Team SoOLEGAL 17 Aug 2017 2:12pm

SC has submitted a symbolic decision on default bail [Read Judgment]

The SC Bench was hearing a Special Leave Petition (SLP) filed by Rakesh Kumar Paul, Chairperson of Assam Public Service Commission (APSC), who was held for corruption under the Section 13 (1) of the Prevention of Corruption Act, 1988.

The bench comprising Justices Madan Lokur, Prafulla C Pant, and Deepak Gupta, landed a symbolic decision, has held that personal Liberty plays a role when it comes to interpreting the law related to default bail under Section 167 of the Code of Criminal Procedure. Justice Lokur and Gupta were of the opinion that Paul was entitled to bail, Justice Pant dissented.

Background of case

When Paul was named APSC member, many in the Congress were surprised because eligibility criteria called for Outstanding, honest and competent candidates and Paul was none of them. Later, he elevated to the post of Chairperson which led a serious damage to an institution like ASPC, CM Gogoi stated. Police also raided his house and printing press operated by his Brother have led to an alleged seizure of question papers as well as answer scripts of all the exams conducted by APSC.   

The prosecution says that Paul intentionally contacted the complainant and asked for 10 lakhs to him for recruiting her as a Dental Surgeon in the selection process conducted by APSC. An investigation disclosed Paul’s involvement in a conspiracy of taking money in exchange for Government services to those who are able to pay the amount.

The Police arrested him on November 5, 2016, and on December 20, his appeal for bail was rejected by a special Judge. After sixty days of his confinement, on January 11, 2017, Guwahati High court dismissed his regular bail application. His application didn’t contain plea for granting default bail.

Supreme Court was considering two major issues in this case: Whether Paul is entitled to default bail after spending sixty days in confinement and whether he was eligible for default bail without the application to that effect. 

Read the Judgment Here:

Tagged: Justices Madan Lokur   Prafulla C Pant   Deepak Gupta  
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