Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.
Legal Services India

» Home
Thursday, October 30, 2025

Allegation Of Political Vendetta In Itself Not Sufficient To Grant Anticipatory Bail: SC

Posted in: Criminal Law
Sun, May 25, 25, 12:17, 6 Months ago
star star star star star
0 out of 5 with 0 ratings
comments: 0 - hits: 15952
P Krishna Mohan Reddy vs AP criminal appellate jurisdiction has denied anticipatory bail to two former bureaucrats in the alleged multi-crore Andhra Pradesh liquor policy scam case ruling that the allegation of political vendetta
It is certainly in the fitness of things that while displaying zero tolerance for corruption, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled P Krishna Mohan Reddy vs State of AP in Special Leave Petition (Criminal) No. 7532 of 2025 With SLP (Cri.) No. 7533/2025 & SLP (Cri.) No. 7534/2025 and cited in Neutral Citation No.: 2025 INSC 725 that was pronounced as recently as on May 16, 2025 in the exercise of its criminal appellate jurisdiction has denied anticipatory bail to two former bureaucrats in the alleged multi-crore Andhra Pradesh liquor policy scam case ruling that the allegation of political vendetta in itself would not be sufficient to grant anticipatory bail to the accused. We need to note that a Bench of Apex Court comprising of Hon’ble Mr Justice JB Pardiwala and Hon’ble Mr Justice R Mahadevan who authored this notable judgment minced absolutely just no words to observe unequivocally that when two rival political parties are at war, there is bound to be some element of political bias or vendetta involved in the litigation, particularly the criminal prosecution. For sake of clarity, the top court clarified clearly adding that: However, political vendetta by itself is not sufficient for the grant of anticipatory bail. The courts should not just look into the aspect of political vendetta and ignore the other materials on record constituting a prima facie case as alleged by the State. But in the same vein, the Apex Court also reiterated that when the court prima facie is convinced that the allegations are frivolous and baseless, it may consider the element of political vendetta for the purpose of grant of anticipatory bail. It is worth noticing that in the present case, there were allegations that the bureaucrats had favoured certain select liquor brands such as Adan and Leela over well-established brands like Pernod Ricard and McDowell and received huge kickbacks for the same. It is also worth recalling that former government officials P Krishna Mohan Reddy and K Dhananjaya Reddy who were accused in the alleged Rs 3200 crore liquor scam had earlier been denied pre-arrest bail by the Andhra Pradesh High Court. While strongly challenging the denial of relief, they argued vehemently before the Apex Court that the case was politically motivated and lacked credible prosecutorial foundation. It is of immense significance to note that the top court underscored the utility of custodial interrogation in criminal investigations, particularly corruption cases involving influential persons. The Bench held that: In corruption cases concerning influential persons, effective interrogation of the suspect is of tremendous advantage in disinterring many useful information and also materials which are likely to be concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such condition would reduce to a mere ritual. The Apex Court thus denied relief to the two former bureaucrats but warned the probe agency against using coercion or third-degree methods during interrogation of the accused. At the very outset, this robust judgment sets the ball in motion by first and foremost putting forth in para 1 that: Since the issues involved in the two petitions i.e. SLP (Crl.) No. 7532 of 2025 and SLP (Crl.) No. 7533 of 2025 wherein anticipatory bail is being prayed for are same and the challenge is also to the self-same common impugned order passed by the High Court of Andhra Pradesh at Amaravati denying anticipatory to the petitioners, those were taken up for hearing analogously and are being disposed of by this common order. As we see, the Bench then specifies in para 2 stating that: The petitioners have been denied anticipatory bail by the High Court in connection with Crime No.21 of 2024 registered at CID Police Station, Langalagiri, Guntur District for the offence punishable under Sections 409, 420, 12-B read with Sections 34 & 37 of the Indian Penal Code, 1860 respectively (now Sections 316(5), 318(4), 61(2), 3(5) & 3(8) of the Bharatiya Nyaya Sanhita, 2023) & Sections 7, 7A, 8 and 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988. Needless to say, the Bench observes in para 3 that: We need not delve much into the case of the prosecution as put up, more particularly, when the High Court has reproduced the same exhaustively in its impugned order dated 7-5-2025 passed in Criminal Petition No.4837/2025 and Criminal Petition No.4838/2025 respectively. Do note, the Bench notes in para 16 that: Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that we should not exercise our discretion for the purpose of grant of anticipatory bail. The High Court has looked into the matter in details and thereafter, declined to grant anticipatory bail as prayed for. Briefly stated, the Bench points out in para 17 that: The High Court while reaching the conclusion that more than a prima facie case has been made out against the petitioners for the purpose of denying anticipatory bail to them, has observed thus: 22. According to the prosecution, the scheme in question favoured select liquor brands such as Adan and Leela, while sidelining well-established brands like Pernod Ricard and McDowell. As a result, several distilleries either shut down operations or diverted their products to other states Despite receiving consumer complaints regarding the quality of alcohol, no remedial measures were undertaken. The distilleries allegedly employed methods such as transferring funds to gold traders, procuring GST invoices, and remitting cash to the accused after deducting commissions. The investigation has revealed suspicious transactions amounting to approximately Rs 300-400 crores. In support of these allegations, the prosecution has produced records suspicious transactions involving Leela Agro and S.P.Y. Agro; bullion transactions entered into by Tilak Nagar Industries Limited: bullion invoices and ledger entries of Arham Bullion and Tilak Nagar Industries Limited and details of entities that were found to be non-existent. 25. The allegations against the petitioners are that they were responsible for the discontinuation of popular liquor brands and the promotion of favoured brands, collecting approximately Rs.3200 Crores in kickbacks for the liquor syndicate. The prosecution further claims that, on average, the accused received Rs.50-60 crores per month in kickbacks, with A.1 allegedly handing over these amounts to the petitioners in Crl.P.No.5009 of 2025 and Crl.P.No.4838 of 2025. 36. The statements provided by several witnesses have underscored the petitioners' prima facie involvement in the criminal conspiracy associated with e Excise Policy. It cannot lose sight of serious allegations leveled by the prosecution and the evidences collected during the course of investigation and presented before this Court, which prima facie reveal the petitioners ‘role in the offence in question. The material placed on record, its face, suggests the petitioners involvement in the offence in question. Given these circumstances, custodial interrogation is deemed essential to confront the petitioners with the gathered evidence and to unravel a broader conspiracy implicating the accused in the implementation of the Excise Policy. As a corollary, the Bench then holds in para 18 that: In view of the aforesaid, it cannot be said that the High Court failed to exercise its discretion in a judicious manner while declining to grant anticipatory bail to the petitioners as prayed for. Most rationally, the Bench observes in para 19 that: Custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 438. In corruption cases concerning influential persons, effective interrogation of the suspect is of tremendous advantage in disinterring many useful information and also materials which are likely to be concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such condition would reduce to a mere ritual. The High Court remained alive and very rightly to the apprehension of the investigating agency that the petitioners would influence the witnesses, considering particularly the high position they all held at one point of time. Be it noted, the Bench notes in para 20 that: Anticipatory bail to accused in cases of the present nature would greatly harm the investigation and would impede the prospects of unearthing of the ramifications involved in the conspiracy. Public interest also would suffer as a consequence. Most significantly, the Bench encapsulates in para 27 what constitutes the cornerstone of this notable judgment postulating that: To some extent, the petitioners could be said to have made out a prima facie case of political bias or mala fides but that by itself is not sufficient to grant anticipatory bail overlooking the other prima facie materials on record. Political vendetta or bias if any is one of the relevant considerations while considering the plea of anticipatory bail. The courts should keep one thing in mind, more particularly, while considering the plea of anticipatory bail that when two groups of rival political parties are at war which may ultimately lead to litigations, more particularly, criminal prosecutions there is bound to be some element of political bias or vendetta involved in the same. However, political vendetta by itself is not sufficient for the grant of anticipatory bail. The courts should not just look into the aspect of political vendetta and ignore the other materials on record constituting a prima facie case as alleged by the State. It is only when the court is convinced more than prima facie that the allegations are frivolous and baseless, that the court may bring into the element of political vendetta into consideration for the purpose of considering the plea of anticipatory bail. The frivolity in the entire case that the court may look into should be attributed to political bias or vendetta. Most judiciously, the Bench mandates in para 54 holding clearly that: Besides the above, we would also like to make ourselves very clear that the investigating agency shall not adopt any third-degree methods or shall not coerce or exert any undue pressure or bring any undue influence on any of the witnesses or any of the co-accused to make statements that may suit the State. Tomorrow, if any complaint is made before the court in this context with some cogent material, be it the trial Court or the High Court or the Supreme Court, the same shall be viewed very seriously. It is expected of the investigating agency to carry out a fair, impartial and transparent investigation, more particularly, in accordance with law. What’s more, the Bench then further clarifies in para 55 stating that: Before we close this matter, we make it further clear that if the petitioners are ultimately arrested, remanded and thereafter sent to judicial custody and if any regular bail application is filed, the same shall be considered on its own merits in accordance with law. It is needless to say that the principles of grant of anticipatory bail substantially differ from the principles of grant of regular bail. It is for the Court concerned to apply the correct principles of law so far as the grant of regular bail is concerned and decide the same accordingly. Furthermore, the Bench then directs in para 56 holding that: With the aforesaid, these Special Leave Petitions are disposed of. Last but not the least, the Bench then further clarifies in para 57 holding precisely that: If the petitioners have any further apprehension that they may be ill-treated, they can approach the High Court and obtain the very same relief that the High Court has granted in favour of the other witnesses. Sanjeev Sirohi, Advocate, s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave, Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
Legal Services India

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
The general principle, is that a FIR cannot be depended upon a substantive piece of evidence.The article discusses the general priciple, along with exceptions to it.
Victim plays an important role in the criminal justice system but his/her welfare is not given due regard by the state instrumentality. Thus, the role of High Courts or the Supreme Court in our country in affirming and establishing their rights is dwelt in this article.
Can anybody really know what is going inside the heads of criminal lawyers? I mean, yes, we can pick bits of their intelligence during courtroom trials and through the legal documents that they draft.
Terrorism and organized crimes are interrelated in myriad forms. Infact in many illustration terrorism and organized crimes have converged and mutated.
Right to a copy of police report and other documents As per section 207 of CrPC, accused has the right to be furnished with the following in case the proceeding has been initiated on a police report:
In terms of Section 2 of the Protection of Human Rights Act, 1993 hereafter referred to as 'the Act'), "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed under the Constitution
The Oxford dictionary defines police as an official organization whose job is to make people obey the law and to prevent and solve crime
the Supreme Court let off three gang rapists after they claimed a ‘compromise formula’ with the victim and agreed to pay her a fine of Rs 50,000 each for their offence.
benefit those prisoners who are kept in solitary confinement, the Uttarakhand High Court delivered a landmark judgment in the case of State of Uttarakhand v 1. Mehtab s/o Tahir Hassan 2. Sushil @Bhura s/o Gulab Singh Criminal Reference No. 1 of 2014 on April 27, 2018
this article helps you knowing how to become a criminal lawyer
helps you to know adultery and its types
In the landmark case of Manoj Singh Pawar v State of Uttarakhand & others Writ Petition (PIL) No. 156 of 2016 which was delivered on June 18, 2018, the Uttarakhand High Court issued a slew of landmark directions
Scope and ambit of Section 6 of Indian Evidence Act,1872
Victims of Crime Can Seek Cancellation of Bail: MP HC in Mahesh Pahade vs State of MP
State of Orissa v Mahimananda Mishra said clearly and convincingly that the court must not go deep into merits of the matter while considering an application for bail and all that needs to be established from the record is the existence of a prima facie case against the accused.
Yashwant v Maharashtra while the conviction of some police officers involved in a custodial torture which led to the death of a man was upheld, the Apex Court underscored on the need to develop and recognize the concept of democratic policing wherein crime control is not the only end, but the means to achieve this order is also equally important.
20 more people guilty of killing a 60-year-old Dalit man and his physically-challenged daughter. Upheld acquittals of 21 other accused, holding that there was insufficient evidence to establish their guilt. So it was but natural that they had to be acquitted
No person accused of an offence punishable for offences involving commercial quantity shall be released on bail or on his own bond unless
Accident under section 80 under the Indian Penal Code falls under the chapter of general exceptions. This article was made with the objective of keeping in mind the students of law who are nowadays in dire need of material which simplify the law than complicating it.
Nishan Singh v State of Punjab. Has ordered one Nishan Singh Brar, convicted of abduction and rape of a minor victim girl, and his mother Navjot Kaur to pay Rs 90 lakh towards compensation.
Rajesh Sharma v State of UP to regulate the purported gross misuse of Section 498A IPC have been modified just recently in a latest judgment titled Social Action Forum Manav for Manav Adhikar and another v Union of India Ministry of Law and Justice and others.
Kodungallur Film Society vs. Union of India has issued comprehensive guidelines to control vandalism by protesting mobs. Vandalism is vandalism and it cannot be justified under any circumstances. Those who indulge in it and those who instigate it must all be held clearly accountable and made to pay for what they have done most shamefully.
Ram Lal vs. State of Himachal Pradesh If the court is satisfied that if the confession is voluntary, the conviction can be based upon the same. Rule of prudence does not require that each and every circumstance mentioned in the confession must be separately and independently corroborated. Absolutely right There can be no denying it
Joseph Shine case struck down the law of adultery under Section 497. It declared that adultery can be a ground for civil issues including dissolution of marriages but it cannot be a criminal offence. It invalidated the Section 497 of IPC as a violation of Articles 14 and 15 and under Article 21 of the Constitution
Mallikarjun Kodagali (Dead) represented through Legal Representatives v/s Karnataka, Had no hesitation to concede right from the start while underscoring the rights of victims of crime that, The rights of victims of crime is a subject that has, unfortunately, only drawn sporadic attention of Parliament, the judiciary and civil society.
State of Kerala v Rasheed observed that while deciding an application to defer cross examination under Section 231(2) of the Cr.P.C. a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence. The Apex Court in this landmark judgment also listed out practical guidelines.
Reena Hazarika v State of Assam that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing.
Zulfikar Nasir & Ors v UP has set aside the trial court judgment that had acquitted 16 Provincial Armed Constabulary (PAC) officials in the 1987 Hashimpur mass murder case. The Delhi High Court has convicted all the accused and sentenced them to life imprisonment.
In Babasaheb Maruti Kamble v Maharashtra it was held that the Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence.
Shambhir & Ors v State upholding the conviction and punishment of over 80 rioters has brought some solace to all those affected people who lost their near and dear ones in the ghastly 1984 anti-Sikh riots which brought disrepute to our country and alienated many Sikhs from the national mainstream
Naman Singh alias Naman Pratap Singh and another vs. UP, Supreme Court held a reading of the FIR reveals that the police has registered the F.I.R on directions of the Sub-Divisional Magistrate which was clearly impermissible in the law.
It has been a long and gruelling wait of 34 long years for the survivors of 1984 anti-Sikh riots to finally see one big leader Sajjan Kumar being sentenced to life term by Delhi High Court
Rajendra Pralhadrao Wasnik v State of Maharashtra held that criminals are also entitled to life of dignity and probability of reformation/rehabilitation to be seriously and earnestly considered before awarding death sentence. It will help us better understand and appreciate the intricacies of law.
Sukhlal v The State of Madhya Pradesh 'life imprisonment is the rule and death penalty is the exception' has laid down clearly that even when a crime is heinous or brutal, it may not still fall under the rarest of rare category.
Deepak v State of Madhya Pradesh in which has served to clarify the entire legal position under Section 319 CrPC, upheld a trial court order under Section 319 of the CrPc summoning accused who were in the past discharged by it ignoring the supplementary charge sheet against them.
It has to be said right at the outset that in a major reprieve for all the political leaders accused of being involved in the Sohrabuddin fake encounter case, in CBI, Mumbai vs Dahyaji Goharji Vanzara
Devi Lal v State of Rajasthan the Supreme Court has dispelled all misconceived notions about suspicion and reiterated that,
Madhya Pradesh v Kalyan Singh has finally set all doubts to rest on the nagging question of whether offences under Section 307 of IPC can be quashed on the basis of settlement between parties.
Dr Dhruvaram Murlidhar Sonar v Maharashtra made it amply clear that if a person had not made the promise to marry with the sole intention to seduce a woman to indulge in sexual acts, such an act would not amount to rape.
Rajesh v State of Haryana conviction under Section 306 of the Indian Penal Code (Abetment of Suicide) is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.
Nand Kishore v Madhya Pradesh has commuted to life imprisonment the death sentence which was earlier confirmed by the Madhya Pradesh High Court of a convicted for the rape and murder of an eight-year-old girl.
Raju Jagdish Paswan v. Maharashtra has commuted the death penalty of a man accused of rape and murder of a nine year old girl and sentenced him to 30 years imprisonment without remission.
Swapan Kumar Chatterjee v CBI permitting the application filed by the prosecution for summoning a hand writing expert in a corruption case of which the trial had started in 1985. On expected lines, the Bench accordingly delivered its significant judgment thus laying down the correct proposition of law to be followed always in such cases
Sukhpal Singh v Punjab that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. Importance of motive in determining the culpability of the accused but refused to acknowledge it as the sole criteria for not convicting the accused in the absence of motive.
Gagan Kumar v Punjab it is a mandatory legal requirement for Magistrate to specify whether sentences awarded to an accused convicted for two or more offences, would run concurrently or consecutively.
Dnyaneshwar Suresh Borkar v Maharashtra Even poem can help save a death convict from gallows. The Apex Court has in this latest, landmark and laudable judgment commuted the death penalty of a kidnap cum murder convict who was just 22 years of age at the time of occurrence
Himachal Pradesh v Vijay Kumar Supreme court held about acid attack crime that a crime of this nature does not deserve any kind of clemency.
Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC
S. Sreesanth v. The Board of Control For Cricket In India the Supreme Court set aside a life ban imposed on former Indian cricketer S Sreesanth in connection with the 2013 IPL spot-fixing scandal and asked the BCCI Disciplinary Committee to take a fresh call on the quantum of his punishment under the Anti-Corruption Code.
Adding Additional Accused To Invoke Section 319 CrPC Stronger Evidence Than Mere Probability of Complicity of A Person Required: SC stated in Sugreev Kumar v. State of Punjab
Top