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KULDEEP TIWARI
Serious Fraud Investigation Office – Appellant
Versus
Anil Jindal – Respondent
JUDGMENT
Kuldeep Tiwari, J.
Since common questions of law are involved in all these petitions and the reliefs craved to be reaped therein are also alike, therefore, all these petitions are amenable for being decided through a common verdict.
2. To be precise, the gravamen of all these petitions is ingrained in the impugned orders of bail, inasmuch as, despite the respondents allegedly being the masterminds of a huge financial scam, yet they have been enlarged on regular bail by the learned trial Court. For the sake of brevity, the facts are being extracted from CRM-M-65367-2023.
3. The prime grievance woven by the petitioner in the instant petition, is that, the learned trial Court has, while granting regular bail to the respondent, turned a blind eye to the material facts indicative of respondent's culpability in commission of a serious economic offence. Consequently, the instant petition, as cast under Section 482 read with Section 439(2) of the Cr.P.C. and wherein becomes assailed the order dated 19.12.2023, aims at securing the relief of cancellation of bail granted to the respondent.
4. It would be apt to record here that the respondent had, before his succeeding in securing the
The High Court ruled that bail cannot be granted without satisfying the stringent conditions of Section 212(6) of the Companies Act, emphasizing the necessity of compliance with statutory requirement....
Twin-conditions in section 212(6) of the Companies Act would not apply to a case where the accused has never been arrested even till the stage of cognisance, and appears against summons issued by the....
(1) Anticipatory bail – Anticipatory bail should not be granted as a matter of routine, particularly in serious economic offences, involving large scale fraud, public money or complex financial crime....
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
(1) Personal liberty as guaranteed under Article 21 of Constitution cannot be deprived to a citizen except with procedure established by law.(2) Bail – Operation of bail granted in some special circu....
Rejection of bail in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different basis – Very cogent and overwhelming circumstances ar....
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
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