Supreme Court frees two accused in Jal Jeevan Mission tender case

The core issue is whether their continued pre-trial detention is justified given the stage of investigation and other circumstances.

Who it concerns: Petitioners: Mahesh Chandra Joshi and Mukesh Pathak; Respondent: State of Rajasthan; Bench: Justices Dipankar Datta and Sheel Nagu.

What the court decided

• Allowed the appeals and set aside the High Court's order rejecting bail.
• Directed the release of both appellants on bail in connection with FIR No. 245/2024.
• Imposed conditions including surrender of passports, cooperation with pending investigation, non-interference with witnesses/evidence, and regular appearance before the trial court.
• Noted that investigation regarding the appellants is complete and chargesheets have been filed.
• Clarified that the order is confined to the bail application and does not express an opinion on the merits of the case.

Also in the document

• The Court emphasized that prolonged pre-trial detention cannot degenerate into punishment without trial, citing Article 21 of the Constitution.
• The Court noted that both appellants had already been granted bail in connected proceedings involving the same factual substratum.
• The Court observed that the trial is likely to take significant time due to the voluminous record (20,000 pages) and the number of accused/witnesses.
• The order is marked as 'NON-REPORTABLE'.