Holding that the gravity of allegations alone cannot justify indefinite pre-trial detention, the Supreme Court has reiterated and granted bail to former Rajasthan minister Mahesh Chandra Joshi and co-accused Mukesh Pathak in the Rs 979.45 crore Jal Jeevan Mission tender scam.
"As repeatedly emphasised by this Court, prolonged pre-trial detention cannot be permitted to degenerate into punishment without trial in derogation of an undertrial's Fundamental Right to personal liberty and speedy trial guaranteed under Article 21," the bench said in order dated October 16.
The bench of Justices Dipankar Datta and Sheel Nagu set aside the Rajasthan High Court's August 13 order rejecting bail and said prolonged detention without trial violates Article 21.
The case stems from a preliminary enquiry registered in 2024 by ACB (Anti Corruption Bureau) Jaipur into the alleged irregularities in PHED tenders under Jal Jeevan Mission. According to the FIR, between 2021 and 2023, two firms secured work orders worth Rs 979.45 crore across 104 tenders using forged completion certificates allegedly issued by IRCON International Ltd.
The bench noted that the investigation qua Joshi and Pathak is over, charge sheets have been filed and entire evidence, including tender files, committee minutes, bank statements, forensic reports, CDRs and intercepted conversations is already with the agency.
Yet the trial has not started, charges are not framed, records voluminous, with 22 accused, three charge-sheets, 124 prosecution witnesses and 192 documents running into 20,000 pages. Several co-accused are absconding and the probe against some continues.
Joshi, a 72-year-old, has been in jail for this FIR since May 7, 2025, over five months. He had earlier spent more than seven months in custody related to the PMLA (Prevention of Money Laundering Act) case arising from the same allegations before the Supreme Court granted him bail in December 2025. Pathak has been in custody since February 18.
The bench said, "The gravity of the allegations, however serious, cannot by itself eclipse all other considerations governing grant of bail or justify indefinite pre-trial detention."
It added that the courts must balance the severity of an offence with rights of undertrial, particularly where evidence is secured and trial unlikely to conclude soon. The court granted bail with conditions including cooperation and not tampering with evidence.