The Supreme Court on Thursday disposed of an appeal filed by the State of Chhattisgarh challenging the grant of bail to former bureaucrat Anil Tuteja, clarifying that the observations made by the High Court while granting bail would not influence the trial.
A bench headed by Chief Justice of India Justice Surya Kant observed that although there was a strong suspicion of corruption against the accused, the State must establish the allegations through admissible evidence and secure a conviction at trial.
“Prima facie we are with you. There is a strong suspicion of their indulging in corruption. Very strong suspicion at this too. But that suspicion must be converted into foolproof evidence. That entirely depends on your ability and hard work,” the CJI remarked.
The State submitted that its principal concern was the High Court’s observations in certain paragraphs of the order granting bail. The counsel urged the Supreme Court to clarify that those findings would not prejudice the prosecution, including at the stage of framing charges.
The bench agreed to clarify the effect of the High Court’s observations, stating that they had been made for the limited purpose of deciding the bail application and would have no bearing on the course of the trial. It held:
“
“The observations made by the High Court here and there in the interim order have nothing to do with the conduct of the case. The same were meant for the limited purpose of granting bail to the corresponding accused. The trial court shall not be influenced by the observations in any circumstance.”
The Court also granted liberty to the State to approach the High Court for cancellation of bail if there was any instance of misuse of the concession.