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DELHI HIGH COURT
SURESH KUMAR KAIT
Religare Finvest Ltd. – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. background of financial misappropriation case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's assessment of bail considerations (Para 12 , 31 , 34 , 35 , 41 , 43 , 46 , 56) |
| 3. arguments regarding bail grant and its implications (Para 14 , 15 , 17 , 18 , 20 , 24 , 26 , 28 , 30 , 32) |
| 4. legal standards for grant of bail (Para 33 , 45 , 55) |
| 5. dismissal of respondent's bail and conclusion (Para 57 , 58 , 59) |
JUDGMENT
1. Petitioner, a non-banking financial company, is aggrieved by the order dated 03.03.2021 passed by the learned trial court, vide which respondent No.2-Shivender Mohan Singh, has been granted bail in FIR No. 50/2019, under Sections 409 /420/120-B IPC, registered at Economic Offences Wing (EOW), New Delhi. The aforesaid order dated 03.03.2021 passed by the learned trial court is under challenge in this petition.
2. As per the final report dated 06.01.2020, the facts of the present case are that complainant-company-Religare Finvest Limited (RFL) is registered with the Reserve Bank of India (RBI) and is licensed to undertake the business of financial services as a non-deposit taking/lending Non-Banking Financial Company (NBFC). It operates as a smal
Bail may be denied in serious economic offences if the accused poses a risk of tampering with evidence and if public money is involved. Court must ensure proper application of mind during bail decisi....
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....
Rejection of bail in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different basis – Very cogent and overwhelming circumstances ar....
The judgment emphasizes the importance of balancing personal liberty with the security of the community and the presumption of innocence until proven guilty.
Grant of Bail - Jurisdiction to grant bail must be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case.
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
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