Back
DELHI HIGH COURT
POONAM A.BAMBA
Ishma Arora – Appellant
Versus
State of NCT – Respondent
| Table of Content |
|---|
| 1. defrauding banks via forged documents. (Para 1 , 2) |
| 2. petitioner's arguments for bail. (Para 3) |
| 3. state's opposition to bail application. (Para 4 , 5) |
| 4. court's analysis of evidence. (Para 6 , 7 , 8) |
| 5. comparison with co-accused in bail context. (Para 9) |
| 6. bail application dismissed. (Para 10 , 11 , 12) |
JUDGMENT
Poonam A. Bamba, J. Vide this application u/s 439 Cr.P.C filed through Parokar/mother-in-law Smt. Neena Arora, the petitioner is seeking bail in case FIR no. 56/2016, dated 11.06.2016, under Sections 420/467/468/471/120-B/34 Indian Penal Code, 1860, PS EOW.
2. The present case came to be registered on the complaint of Bank of Maharashtra alleging that the petitioner Ishma Arora, proprietor of M/s. Banke Bihari Trading Company availed Cash Credit facility of Rs.200 lakhs from Bank of Maharashtra, Branch Office Bhikaji Cama Place, New Delhi, by mortgaging her property bearing no. H-5/10, Krishna Nagar, Delhi on the basis of forged documents. Petitioner's husband A-2/Nitin Arora stood guarantor in the said Cash Credit Facility. Subsequently, it was revealed that the said property had already been mortgaged by the petitioner and her husband with other banks
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
Bail in economic offences should be denied to protect the larger public and state interest and prevent tampering with witnesses.
The court established that under the PMLA, an accused can be convicted for money laundering even if not formally accused in the predicate offense, emphasizing the independent and serious nature of ec....
Bail should not be denied as a form of punishment; however, in cases of money laundering, serious allegations and potential interference with investigations warrant careful consideration against bail....
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....
Granting bail based on lack of specific allegations in the charge sheet and parity with the bail granted to main and other co-accused in similar cases.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
