Back
BRIJ RAJ SINGH
Sujay Uday Desai – Appellant
Versus
Central Bureau of Investigation, Thru S. P. , S. C. B. -C. B. I. – Respondent
JUDGMENT :
1. Supplementary affidavit filed today is taken on record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.87600 of 2021 (CBI V. Globiz Exim Pvt. Ltd. & Ors.) pending in the Court of Special Judicial Magistrate - CBI, Lucknow arising out of F.I.R. No.RC0532020E0004 of 2020, under Sections 120-B, 420, 467, 468, 471 I.P.C. registered at Police Station CBI-SCB Lucknow, District Lucknow with a prayer to enlarge him on anticipatory bail.
3. The F.I.R. was lodged on 11.06.2020 bearing F.I.R. No.RC0532020E0004 of 2020, registered by complainant, Sri Niranjan Panda, Chief Regional Manager, Indian Overseas Bank, Regional Office, Lucknow, under Sections 120B, 420, 467, 468, 471 I.P.C. at Central Burau of Investigation, Special Crime Branch, Lucknow (hereinafter referred to as "CBI").
4. As per F.I.R., it is stated that M/s Globiz Exim Private Limited had entered into criminal conspiracy and the verbatim of FIR is quoted below:-
The severity of economic offences and the specific role attributed to the accused are crucial factors in determining the grant of anticipatory bail.
The seriousness of economic offences and the need for a different approach in bail considerations for such cases.
Anticipatory bail may be granted under PMLA, considering the health challenges of the accused and lack of direct proceeds of crime linked to them.
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 court denied anticipatory bail due to serious allegations of cheating, emphasizing the need for custodial interrogation in economic offences to protect societal interest and ensure effective inve....
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
Point of Law : While granting bail, court has to keep in mind the factors like nature of accusation, nature of evidence in support thereof, severity of punishment which conviction will entail, charac....
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
