Senior Advocate Sidharth Luthra’s Office Issues Statement on Dismissal of Bail Petitions in AP Liquor Case The Office of Senior Advocate Sidharth Luthra has confirmed that the Hon’ble Special Judge for SPE & ACB Cases, Vijayawada, has dismissed the regular bail petitions filed by seven accused individuals in Crime No. 21 of 2024, pertaining to the ongoing investigation into large-scale liquor procurement irregularities in Andhra Pradesh. In a series of detailed and well-reasoned orders, the Court upheld the submissions advanced by Senior Advocate Sidharth Luthra on behalf of the prosecution. The judgment reinforces crucial legal principles concerning successive bail petitions, the gravity of economic offences, and the prosecution’s continuing right to investigate under the law.
Court Upholds the Mandate for Continued Custody The orders reflect the Court’s agreement with the prosecution’s arguments opposing the grant of bail in cases involving serious financial crimes. The Office of Mr. Luthra highlighted several key legal principles that were upheld by the Hon’ble Court: 1. No Material Change in Circumstances The Court ruled that the mere filing of a charge sheet does not amount to a material change in circumstances under Sections 437 or 439 of the Code of Criminal Procedure, 1973 (CrPC). Judicial discretion in bail matters, it held, must be exercised based on substantive rather than formal developments in the case. 2. Gravity of Economic Offences Reiterating the settled jurisprudence of the Supreme Court of India, the Court classified the alleged acts as economic offences — a category considered distinct due to their far-reaching impact on the national economy and public confidence. Consequently, a stricter approach toward bail was deemed appropriate. 3. Continuing Right to Investigate The Court upheld the prosecution’s statutory right to conduct further investigation under Section 173(8) CrPC, even after the filing of charge sheets. This finding supports the prosecution’s contention, as argued by Mr. Luthra, that fresh financial and digital evidence, including foreign transactions and untraced proceeds of crime, justify continued custody and investigation. 4. Evidence-Based Rejection of Bail
The Hon’ble Court noted the comprehensive evidence presented by the prosecution— comprising forensic analyses, communication records, financial trails, and corroborative witness statements—as sufficient to establish the prima facie gravity of the offences. These observations affirm the credibility and diligence of the prosecution’s case. 5. Medical Grounds Rejected In certain petitions citing medical grounds, the Court denied interim bail, relying on prosecution assurances that adequate escorted medical care would be provided. The Court concluded that no life-threatening medical condition existed that warranted release, thereby maintaining a balance between humanitarian considerations and the integrity of ongoing investigations.
Proceedings Marked by Due Process and Judicial Rigor Addressing speculative reports, the statement from Mr. Luthra’s office emphasized that the proceedings before the ACB Court were conducted with utmost decorum, transparency, and adherence to due process. The consistency in the reasoning across the bail orders reflects the Court’s appreciation of Mr. Luthra’s submissions, both in law and on evidence. The judgments endorse the prosecution’s fact-driven and disciplined approach to handling a matter of national financial significance.
Reaffirmation of Legal and Investigative Integrity The judicial findings, as noted by the Office of Senior Advocate Sidharth Luthra, validate the prosecution’s stand and reaffirm that no accused person has demonstrated any material change in circumstance since earlier bail rejections. The statement concludes that continued custody remains necessary in the interests of justice, the integrity of the investigation, and the preservation of public trust in cases involving grave economic offences. Source link : https://www.thehansindia.com/life-style/statement-from-the-office-of-senior-advocatesidharth-luthra-on-the-dismissal-of-bail-petitions-in-the-ap-liquor-case-1018141
