Back
KULDEEP MATHUR
Sushil Kumar – Appellant
Versus
Union of India – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.RC0312022A0001 (CNR No.RCJDH2022A0001) registered at Special Police Station A.C.B, Jodhpur, for the offences punishable under Sections 120B, 420, 467, 468 471 and 477A of IPC and Sections 13 (2) read with section 13(1)(a) of the Prevention of Corruption Act, 1988 (As amended in 2018).
2. As per prosecution, the petitioners while holding different positions at Post Offices at Mawli, Gadoli and Bhimal from 18.04.2020 to 04.01.2022, showed deposits of money to the tune of Rs.16,40,47,490/- in SBI, Mawli Bank Account Nos.51039634795 and 51039634808, without actually depositing the money, by creating forged deposit receipts. The petitioners deposited the amount so embezzled in multiple forged/fake Post Office Saving Bank (POSB) Accounts in their own names and in the names of their family members and relatives. The allegation against the petitioners is that through this modus operandi, they have embezzled a sum of Rs.52,00,000/- and caused huge financial loss to the post offices and its customers.
3. Learned counsel fo
Bail granted under Section 439 Cr.P.C. due to completed investigation and absence of risk of influencing witnesses.
Bail should not be granted in cases involving cheating and creation of false documents to cheat a large number of unemployed youth, as it would be detrimental to the case and to the public's trust in....
Bail can be granted when the accused has been in custody for an extended period, and the trial is triable by Magistrate, without commenting on the case's merits.
The court's discretion in granting regular bail under Section 439 Cr.P.C. in cases involving allegations of cheating and misappropriation of funds.
The court established that cooperation with an investigation and completion of statutory periods are significant factors in deciding bail applications under Section 439 Cr.PC.
The court considered the extent of the petitioner's involvement and the completed investigation as key factors in granting bail for the offence of misappropriation of funds.
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
