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MANJARI NEHRU KAUL
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. Petitioner is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No. 10 dated 06.05.2024 under Sections 409, 420, 465, 466, 467, 471, 120-B of the IPC and Section 13(1)(a) read with Section 13(2) of the Prevention of Corruption (Amendment) Act, 2018, registered at Police Station Vigilance Bureau Range Ferozepur.
2. Learned counsel for the petitioner submits that the petitioner has been in custody since 06.05.2024 in a case of false implication. It has been further submitted that even otherwise, the only role attributed to the petitioner is of having stood as a guarantor when his son raised a loan of Rs. 40 lakh from the HDFC Bank and he wrongly identified his son to be the owner of a land, which was in the name of one Kaushalya Devi. Learned counsel has asserted that since investigation in the present case is complete and challan also stands presented, his further incarceration would serve no useful purpose as there can be no apprehension of the petitioner tampering with evidence as the entire case of the prosecution hinges on documentary evidence
3. Learned State counsel, while opposi
The court granted bail based on the prolonged custody of the petitioner and the nature of evidence being documentary, mitigating the risk of tampering.
The court emphasized that interim bail is necessary to avoid pre-trial punishment and that the applicant's involvement in alleged fraud will be assessed during trial proceedings.
The court affirmed that denying bail constitutes pre-trial punishment and noted the necessity for evidence to substantiate allegations of fraud in loan acquisition.
Anticipatory bail can be granted if the accused is a first offender and there is no prima facie evidence of wrongdoing, subject to stringent conditions to ensure compliance.
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
Bail in economic offences cannot be denied solely due to the nature of the charge; the court must consider individual circumstances and cooperation with the investigation.
Government officials must act in accordance with legal mandates, and failure to do so, especially in corruption cases, justifies denial of bail and necessitates custodial interrogation.
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