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ANU MALHOTRA
Garima Gupta – Appellant
Versus
State – Respondent
JUDGMENT :
ANU MALHOTRA, J.
1. The petitioner-Garima Gupta, presently on interim bail since 04.03.2019 in relation to FIR No.46/2018, PS EOW Cell, Mandir Marg, New Delhi dated 13.03.2018 registered under Sections 406/409/420/120B of the Indian Penal Code, 1860, seeks the grant of regular bail in relation thereto. The applicant is indicated to have been arrested on 04.08.2018 and was in custody till 03.03.2019 with the charge sheet having been filed on 25.10.2018. The applicant vide the present bail application apart from seeking regular bail, had also sought the extension of interim bail granted to her from 04.03.2019 which was to expire on 18.03.2019.
2. Vide order dated 18.03.2019 in the present bail application, interim bail granted to her was extended on the same terms and conditions as set out in the order dated 25.02.2019 of the Court of the learned ASJ with the prayer made by the applicant before the Trial Court for extension of the period of interim bail having been declined vide order dated 14.03.2019. The said interim bail was thereafter extended vide orders dated 10.04.2019, 23.05.2019, 30.08.2019, 16.09.2019, 15.11.2019 and 10.01.2020 with it having been directed vide orde
Point of Law : Offence alleged against the Appellants is a serious one in terms of alleged huge loss to the State exchequer, that, by itself, should not deter us from enlarging the Appellants on bail....
The main legal point established is that bail is the rule and jail is the exception, and the decision to grant bail should consider the seriousness of the charge and the severity of the punishment.
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 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 gravity of an offence is a factor to be considered when granting bail, but it is not the only criterion. Other factors to be considered include the stage of the investigation, the nature of the e....
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....
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