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RAJNESH OSWAL
Mohammad Akbar Bhat – Appellant
Versus
UT Of J&K – Respondent
JUDGMENT :
1) The petitioners are seeking bail in anticipation of arrest in FIR No.211/2023 under Section 420, 467, 468, 471 of IPC registered with Police Station, Sopore.
2) The petitioner No.1 had earlier filed an application for grant of bail in anticipation of arrest but the same was rejected by the Court of learned Additional Sessions Judge, Sopore, in terms of order dated 28.08.2023.
3) It is stated that the petitioners had availed loan from Grameen Bank, Sopore, and the said Bank has now levelled false and frivolous allegations that the revenue extracts submitted by the petitioners at the time of availing the loan were fake. The petitioners have filed the present bail application on the ground that they are innocent and in case they are arrested by the respondent, it will tarnish their reputation and status in the society.
4) The respondent was put to notice and Mr. Jahangir Ahmad Dar, GA, has produced the status report addressed to the Incharge Criminal Monitoring Cell, J&K High Court, Srinagar.
5) Mr. Azeem Rasic, learned counsel for the petitioners, argued that the petitioners had availed the loan long ago in the year 2011 and now after a period of 12 years, the Bank has lodge
Grant of anticipatory bail in economic offences may hamper effective investigation and is not warranted if the accusations have the potential to disturb the financial health of banking institutions.
The seriousness of economic offences and the need for a different approach in bail matters, considering the impact on the national economy and the gravity of such offences.
The judgment establishes that the grant of anticipatory bail in economic offences is an extraordinary remedy and should be considered only in exceptional cases, balancing the rights of the accused wi....
The seriousness of economic offences and the need for a different approach in bail considerations for such cases.
The judgment established the need for a different approach in bail considerations for economic offences, emphasizing the gravity of economic offences, the need to protect the financial health of the ....
Anticipatory bail in economic offences warrants strict scrutiny due to potential impact on public trust and judicial processes; absence of compelling reasons led to denial of bail.
The main legal point established is that bail is the rule and jail is the exception, and the decision to grant bail should consider the seriousness of the charge and the severity of the punishment.
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....
The seriousness of economic offences, the impact on society, and the larger interest of the public and State are important considerations in deciding on anticipatory bail applications in cases involv....
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