General Principles for Bail Under PC Act

Fundamental Considerations:

Bail is the rule and judicial custody is the exception in criminal cases

Both Sessions Court and High Court have concurrent jurisdiction to grant bail under Section 439 CrPC

Allegations of corruption must be dealt with zero tolerance

Pre-Hearing Checklist

Documentary Requirements:

Verify FIR copy and charges framed

Ensure accused is in custody or has surrendered before court

Check if chargesheet has been filed

Review case diary entries as mandated

Examine any remand orders and their validity

Jurisdictional Verification:

Confirm court's jurisdiction under Section 439 CrPC

Verify if application filed simultaneously in multiple courts (not permissible)

Check if Section 17A sanction obtained (except in trap cases)

Trap Cases: Special Considerations

Evidence Assessment Checklist

Demand and Acceptance Proof:

Verify if demand for illegal gratification is established beyond reasonable doubt

Check evidence of acceptance/obtaining of undue advantage

Review phenolphthalein-sodium carbonate test results

Examine electronic transfer of money evidence

Assess quality of prosecution witnesses (complainant, panch witnesses, investigating officers)

Section 20 Presumption Analysis:

Determine if gratification payment and acceptance is proved

Check if presumption under Section 20 can be invoked

Assess accused's ability to rebut the presumption

Investigation Integrity:

Verify if trap was conducted properly without prior sanction requirements under Section 17A

Check for any evidence tampering or witness intimidation

Review intercepted calls or surveillance evidence

Risk Assessment for Trap Cases

Flight Risk Indicators:

Attempts to evade investigation

Instructions to family members to obstruct raids

Operation of bank lockers immediately after raid

Non-cooperation with investigating agencies

Evidence Tampering Concerns:

Access to documents or digital evidence

Influence over witnesses or co-accused

Ability to destroy physical evidence

Disproportionate Assets Cases: Special Considerations

Assets Calculation Verification

Essential Data Points:

Check period determination

Income during check period

Expenditure during check period

Likely savings calculation

Assets acquired during check period

Disproportionate percentage calculation [G/F x 100]

Legal Standards for Known Sources:

Income must be from lawful sources

Intimation of receipt of income to prosecution

Burden on accused to provide satisfactory explanation

Evidence Complexity Assessment

Documentary Evidence Volume:

Bank statements and financial records

Property documents and registrations

Income tax returns and declarations

Investment portfolios and transactions

Investigation Requirements:

Need for forensic accounting

Requirement for custodial interrogation

International transactions or properties

Bail Decision Matrix

Factors Favoring Bail

Legal Grounds:

Default bail eligibility under Section 167(2) CrPC

Completion of investigation

No evidence tampering concerns

Strong defense on merits

Practical Considerations:

Cooperation with investigation

No influence over witnesses

Stable residential address

Medical or humanitarian grounds

Factors Against Bail

Legal Impediments:

Strong prima facie case with Section 20 presumption

Evidence of demand and acceptance established

Possibility of evidence destruction

Influence over prosecution witnesses

Behavioral Concerns:

Attempts to obstruct investigation

Non-cooperation with agencies

Flight risk indicators

Previous bail violations

Conditions for Bail Grant

Standard Conditions

Appearance and Cooperation:

Regular appearance before investigating officer

Surrender passport (if applicable)

Furnish local address and contact details

Not to leave jurisdiction without permission

Evidence Protection:

Not to tamper with evidence or influence witnesses

Not to contact prosecution witnesses directly

Surrender access to official records or documents

Cooperation with ongoing investigation

Special Conditions for Trap Cases

Financial Monitoring:

Disclosure of all bank accounts and lockers

Prohibition on operating bank lockers without court permission

Regular financial disclosures

Restriction on large financial transactions

Investigation Compliance:

Available for custodial interrogation when required

Cooperation in recovery of tainted money or articles

Assistance in identification of co-conspirators

Special Conditions for Disproportionate Assets Cases

Asset Preservation:

Prohibition on disposal of immovable properties

Attachment of disproportionate assets

Regular submission of asset statements

Cooperation in asset valuation process

Financial Transparency:

Complete disclosure of income sources

Cooperation in forensic accounting

Submission of all financial documents

Regular reporting of financial activities

Remand Considerations

Police Custody Remand Checklist

Legal Requirements:

Verify grounds for police custody are specific, not general

Record reasons for granting police remand

Compute remand period correctly including both start and end dates

Necessity Assessment:

Recovery of articles or evidence

Identification of co-conspirators

Confrontation with co-accused

Investigation of larger conspiracy

Judicial Custody Considerations

Default Bail Timeline:

Monitor 60/90 day limits under Section 167(2) CrPC

Prevent misuse of remand provisions

Ensure investigation completion within statutory period

Post-Bail Monitoring

Compliance Verification

Regular Review:

Monitor compliance with bail conditions

Review investigation progress

Assess any violation reports

Consider bail cancellation if warranted

Modification Powers:

Impose additional conditions if required

Relax conditions based on circumstances

Cancel bail for violations or on merits

Documentation Requirements

Order Format

Essential Elements:

Clear reasoning for bail grant/rejection

Specific conditions imposed with rationale

Reference to relevant legal provisions

Consideration of Section 20 presumption (if applicable)

Case-Specific Additions:

Asset preservation orders (DA cases)

Financial monitoring directions

Investigation cooperation requirements

Evidence protection measures

This comprehensive checklist ensures systematic evaluation of bail applications under the Prevention of Corruption Act while balancing the accused's liberty rights with the investigation's integrity and society's interest in combating corruption

Checklist Toolkit for Session Judges for deciding remand and Bail Applications of accused Under Prevention of Corruption Act