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SANJAY KAROL, PRASHANT KUMAR MISHRA
Salil Mahajan – Appellant
Versus
Avinash Kumar – Respondent
| Table of Content |
|---|
| 1. facts of embezzlement and accused's role (Para 2 , 3 , 4) |
| 2. arguments against and in favor of bail (Para 6) |
| 3. court's reasoning on bail considerations (Para 7 , 9 , 10 , 12) |
| 4. criteria for evaluating bail decisions (Para 8 , 11) |
| 5. conclusion and directions for trial (Para 13 , 14 , 15) |
JUDGMENT :
SANJAY KAROL, J.
Leave granted.
2. The present appeal arises from the final judgment and order dated 2nd April 2025 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-13103-2025 whereby Respondent No. 1, accused-Avinash Kumar 1[Hereinafter referred to as ‘the accused’], came to be enlarged on bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the subject FIR No. 187 registered at P.S. Cantonment, Amritsar under Sections 316 (4), 344, 61 (2) of the Bharatiya Nyaya Sanhita, 2023.
3. The undisputed facts giving rise to the present appeal are that the Appellant 2[Hereinafter referred to as ‘the complainant’] lodged an FIR dated 25th November 2024 against the accused and his family members for allegedly misappropriating more than Rs. 3,00,00,000/-. As per the FIR, the complainant was the registered Chartered Accountant for
The process for granting anticipatory bail must reflect careful consideration of all relevant facts and the potential impact on the investigation.
Anticipatory bail is not automatically granted based on custodial interrogation needs; courts must assess the prima facie case and severity of allegations against the accused.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
Anticipatory bail granted with conditions for investigation despite misappropriation allegations.
(1) Bail – Grant or refusal to grant bail lies within discretion of court – No precedent operates in a vacuum and must be co-related to extant facts.(2) Roster – It is not for any Court, while referr....
The discretion exercised by the court in granting bail should be judicious and not a matter of course, and the grounds for cancellation of bail should be assessed based on relevant factors and the pr....
The court held that anticipatory bail cannot be granted where serious allegations of misappropriation exist, requiring custodial interrogation for a thorough investigation.
Bail granted in criminal cases must consider the seriousness of allegations and available evidence; however, re-evaluation of merits is impermissible in cancellation proceedings.
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