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AMIT SHARMA
Mohd. Irfan @ Rajji – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J. This is a second application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') on behalf of the applicant seeking regular bail in FIR No. 30/2021, under Sections 420/406/120B of the Indian Penal Code, 1860 (`IPC'), Sections 4/20/21/25 of the Indian Telegraph Act, 1885 and Section 65 of the Information Technology Act, 2000, registered at P.S. Hauz Qazi.
2. The case of the prosecution is that the present applicant, alongwith co-accused persons had entered into a conspiracy and established an illegal telephone exchange. It is alleged that by way of establishing the said exchange, huge monetary loss was caused to the government exchequer and telecommunication sector, as international calls can be terminated in India through Department of Telecom (`DOT') licensed operators only. It is the case of the prosecution that the said telephone exchange was set up in Chawri Bazar, Delhi and run by the present applicant. It is alleged that the present applicant was using `New Era Software Driver Technology' for routing calls from countries like United States of America, Canada, United Arab Emirates and Australia, via an illegal route over the internet, by
The judgment emphasizes the need to balance personal liberty with the security of the community, considering the gravity of the alleged economic offences and the period of sentence.
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
The main legal point established in the judgment is that the gravity of economic offences and the documentary nature of evidence should be considered while deciding bail applications, and deprivation....
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 main legal point established in the judgment is that bail is the general rule and its refusal is an exception, and that deprivation of personal liberty must be considered a form of punishment. Th....
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
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