DELHI HIGH COURT
SWARANA KANTA SHARMA
Rashmee Seengal (In JC) – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. petitioner's bail application history and procedural aspects. (Para 1 , 2) |
| 2. right to have bail application decided on merits. (Para 3 , 5) |
| 3. legal standards for granting bail. (Para 6 , 7) |
| 4. seriousness of economic offences and public impact. (Para 8 , 9) |
| 5. applicant's conduct and precedent concerns. (Para 10 , 11) |
| 6. conclusion on bail application dismissal. (Para 12) |
JUDGMENT
Swarana Kanta Sharma, J. The present application has been filed by the petitioner seeking bail under Section 439 of the Code of Criminal Procedure, 1898. The petitioner had earlier filed a bail application bearing No. 1655/2022 before this court, impugning the order dated 18.05.2022 passed by the ld. Sessions Judge declining the bail of the petitioner. During the course of proceedings in bail application no. 1655/2022, vide an order dated 02.06.2022, this Court had directed the petitioner to pay a sum of Rs.3 crores to the complainant i.e. HSBC Bank. The aforesaid direction had been issued on account of willingness shown by the petitioner herself. Even the timeline for making the payment had been decided with the consent of the petitioner.
2. However, the petitioner subsequently approache
Bail in economic offences requires stringent evaluation of conduct and serious consideration of public interest, reflecting the need for deterrence against financial malpractices.
The seriousness of economic offences and the need to recover public money and set precedence to deter similar offences.
Economic offences require a cautious approach during bail considerations, balancing individual rights and public interest due to their profound impact.
The seriousness of economic offences and the need for a different approach in bail matters concerning economic crimes.
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....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.