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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Vitthal Damuji Mehar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. applicant seeks bail related to economic crime. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments for and against bail application. (Para 6 , 8 , 9 , 10 , 18) |
| 3. court's observations on evidence and impact. (Para 7 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 20) |
| 4. basis for differentiating economic offences and bail criteria. (Para 21 , 22) |
| 5. bail application rejected. (Para 24) |
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this application, the applicant seeks regular bail in connection with Crime No.217/2019 registered with the non-applicant/police station for offences punishable under Sections 120-B, 409, 420, 467, 468, and 471 of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (the MPID Act)
2. The applicant came to be arrested on 28.4.2021 and since then he is in jail.
3. The crime is registered on the basis of a report lodged by Dinesh Wasudeorao Padegaonkar. As per the report, co-accused Khemchand Meharkure. the President of “Jai Shriram Urban Credit Co-operative Society Ltd”. (the Society), in connivance with the applicant and other co-accused, misappropriated amount of Rs.79,54,26,963/-. Around
The court ruled that economic offences necessitate a stringent approach to bail due to their potential for extensive public harm.
Economic offences require a cautious approach during bail considerations, balancing individual rights and public interest due to their profound impact.
The court underscored that in cases of serious economic offences, the gravity of the allegations and the societal impact outweigh individual rights to bail, especially when considerable evidence indi....
Economic offences of huge magnitude with deep conspiracy and public fund loss require stringent bail denial, prioritizing offence gravity, prima facie evidence, tampering/fleeing risks over custody d....
The seriousness of economic offences and the need to recover public money and set precedence to deter similar offences.
The delay in trial, seriousness of economic offences, and the larger interest of the public are crucial factors in determining bail applications for serious economic offences.
Bail – Court should be circumspect in granting bail in economic offences.
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