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J. B. PARDIWALA, R. MAHADEVAN
Subhelal @ Sushil Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. appeal arises from denial (Para 2) |
| 2. economic offence involving investors (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. discretion of magistrate explained (Para 9 , 10 , 11 , 12) |
| 4. factors for bail consideration (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. deposit condition imposed (Para 23 , 24 , 25) |
| 6. appeal allowed (Para 26 , 27) |
ORDER
1. Leave granted.
2. This appeal arises from the impugned order passed by the High Court of Chhattisgarh, Bilaspur dated 22-7-2024 in MCRC No.2810/2024 by which the High Court denied regular bail to the appellant in connection with Crime No.460/2023 registered at Police Station Dindayal Upadhyay Nagar, District Raipur, Chhattisgarh for the offence punishable under Sections 420, 201, 120-B read with Section 34 of the Indian Penal Code.
3. The offence relates to crypto currency. The amount involved according to the Investigating Officer, who is personally present in the Court, is approximately Rs.4 Crore.
4. Undoubtedly, it is an economic offence. We do not undermine the seriousness of the alleged crime. Unfortunately, almost 2000 investors have lost their money in the scheme floated by the appellant – herein along with other co-accused.
(1) Bail – Provisions of Section 437(6) of Cr.P.C., cannot be considered to be mandatory in nature and cannot be interpreted to grant absolute and indefeasible right of bail in favour of accused.(2) ....
The main legal point established in the judgment is that the provision of Section 437(6) of the Code of Criminal Procedure is discretionary, and the reasons for refusal must be recorded in writing. T....
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
The court reinforced the principle of timely trials, finding entitlement to bail under Section 480(6) of B.N.S.S. due to significant delay not attributable to the accused, thus safeguarding individua....
The right to a speedy trial under Article 21 allows for bail under Section 436A of the CrPC if the accused has served more than half of the maximum sentence for the offence charged.
(1) Bail – When trial gets prolonged, it is not open to prosecution to oppose bail of accused-undertrial on the ground that charges are very serious – Bail cannot be denied only on the ground that ch....
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