Back
DELHI HIGH COURT
ANU MALHOTRA
L. Praveen Kumar (Dr.) – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Anu Malhotra, J.
1. The applications filed by Dr. L. Praveen Kumar, Dinesh Dua and S. Eswara Reddy i.e. BAIL APPLN. 2202/2022, BAIL APPLN. 2290/2022 & BAIL APPLN. 2262/2022 respectively are taken up together, in as much as, all the three applicants seek the grant of bail in relation to FIR No. RC0032022A0037 dated 19.06.2022 filed by the CBI/(ACB) Delhi under Sections 120B/420/468/471 of the Indian Penal Code, 1860 and Sections 7/7A/8 of the PC Act, 1988. The applicants, through their respective applications submit that they have been falsely implicated in the case.
2. The status report of the CBI in BAIL APPLN. 2202/2022 dated 26.07.2022 and status reports of the CBI in BAIL APPLN. 2290/2022 and BAIL APPLN. 2262/2022 dated 06.08.2022 are premised on the same facts.
3. The version put forth by the CBI is to the effect that the FIR/RC bearing case no. RC0032022A0037, CBI, ACB, Delhi was registered by Respondent/CBI on 19.06.2022 on the basis of source information against:
(1) Sh. S. Eswara Reddy, Joint Drug Controller (JDC), India at Head Quarter, CDSCO, New Delhi (applicant of BAIL APPLN. 2262/2022),
(2) Ms. Guljit Sethi @ Guljit Chaudhri, Director M/s Bioinnovat Re
The court established that while the charges are serious, the evidence collected does not necessitate continued detention, leading to the granting of bail under stringent conditions for accountabilit....
Prolonged detention without trial and lack of direct evidence justified granting bail, despite allegations of conspiracy and bribery.
Prolonged pre-trial detention without a solid evidentiary basis may justify bail, balancing defendants' rights against the gravity of alleged corruption.
Bail in economic offences should be denied to protect the larger public and state interest and prevent tampering with witnesses.
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
Article 21 of Constitution of India provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
The court ruled that the presumption of innocence and the right to a speedy trial under Article 21 of the Constitution outweigh the stringent conditions for bail under the Prevention of Money Launder....
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
