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Delay in prosecution sanction cannot curtail liberty: SC grants bail to UP stamp official accused in bribery case

Delay in prosecution sanction cannot curtail liberty: SC grants bail to UP stamp official accused in bribery case

New Delhi, July 23 (SocialNews.XYZ) The Supreme Court has granted bail to an Uttar Pradesh government official accused in a corruption case, observing that the delay in granting sanction for prosecution cannot be used to curtail a citizen's liberty.

A Bench of Justices Dipankar Datta and Sheel Nagu set aside the Allahabad High Court's order on the regular bail plea of Ravinder Mehta, an accused in an FIR registered under Section 7 of the Prevention of Corruption Act at Adarsh Mandi police station in Uttar Pradesh's Shamli district.

 

In its order, the apex court recorded that though the charge sheet had been filed on February 7, 2026, after completion of the investigation, the competent authority was yet to grant sanction for prosecution, preventing the trial court from taking cognisance of the offence.

"We are surprised that the sanctioning authority is yet to activate itself," the Justice Datta-led Bench remarked.

When the top court asked the counsel appearing for the Uttar Pradesh government whether sanction had been granted, "no clear answer" was furnished, the order recorded.

Senior advocate Siddharth Dave, appearing for Mehta, submitted that in view of the delay in according sanction, the appellant deserved to be released on bail pending trial.

Accepting the submission, the Supreme Court observed: "The delay in grant of sanction to prosecute cannot be used to the disadvantage of a citizen for curtailing his liberty."

Taking an overall view of the matter, the Justice Datta-led Bench held that the appellant's further detention was unnecessary and directed his release on bail on furnishing bail bonds to the satisfaction of the trial court and subject to such conditions as may be imposed.

It directed that the appellant will not directly or indirectly induce, threaten or promise any person acquainted with the facts of the case and will diligently attend the trial proceedings.

It further said that any breach of the bail conditions, including failure to diligently attend trial proceedings without justifiable cause, would entitle the trial court to cancel the bail.

Clarifying that the observations made in the order were confined to the question of bail, the Justice Datta-led Bench said they should not be treated as findings on the merits of the case.

The Allahabad High Court had earlier rejected Mehta's bail plea after observing that he was posted as Assistant Inspector General of Registration-cum-Assistant Commissioner of Stamp in Shamli and that the complainant's case regarding deficiency of stamp duty was pending before him.

Rejecting the bail application, the High Court had observed that there was an allegation of demand of bribe for settling the matter by reducing the stamp duty liability and that Rs 1 lakh was allegedly paid pursuant to the demand.

"The amount as paid is a huge amount... There are two independent witnesses nominated by the District Magistrate concerned who were members of the trap team. No ground for bail is made out," a single-judge Bench of Justice Samit Gopal had said.

According to the prosecution, the vigilance department laid a trap after a complaint alleging demand of Rs 1 lakh as illegal gratification, during which the accused's clerk was allegedly caught accepting the bribe amount.

Source: IANS

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Delay in prosecution sanction cannot curtail liberty: SC grants bail to UP stamp official accused in bribery case

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