MANOJ MISRA, MANMOHAN
Rakesh Jain – Appellant
Versus
State – Respondent
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal arises from an order of the Delhi High Court dated 21.07.2025 which rejects the prayer of the appellant for extension of interim bail in connection with FIR No. 200/2019, registered at P.S. Economic Offences Wing, District EOW, inter alia, under Section 409/ 120B IPC.
4. It appears that in respect of diversion of subsidy amount of about Rs.4.10 crore provided to a Company, namely, M/s Pragat Akshay Urja Limited, a First Information Report (FIR) was lodged implicating the Company and its Directors. The appellant is stated to be one of the Directors. Pursuant to the FIR, the appellant was taken into custody on 12.12.2019. Part of the subsidy amount i.e., Rs. 2,17,92,500 was deposited by the Company on 26.12.2019. Noticing the same and recording the statement made on instructions by the learned counsel for the appellant that remaining amount would also be deposited, the High Court granted interim bail to the appellant on 22.04.2020 on certain conditions. It appears that the main bail prayer of the appellant remained pending before the High Court, and the appellant continued to be on interim bail. However, ins
In an offence punishable under Section 409 IPC there is no presumption regarding culpability of a Director.
The main legal point established in the judgment is the importance of complying with the conditions of bail and the court's reliance on evidence of money trail in reaching its decision.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it m....
The court established that interim bail can be extended under compassionate grounds, particularly in cases involving serious health issues of family members, while maintaining the necessity for compl....
The court has the discretion to extend the benefit of interim bail based on the totality of the facts and circumstances of the case.
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