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2022 Supreme(Online)(Del) 7217

DELHI HIGH COURT
, J
Bail Application No. 3750/2021 and Bail Application No. 3921/2021 – Appellant
Versus
State – Respondent
Bail Application No. 3750/2021 | Bail Application No. 3921/2021



Advocates:
For the Appellants/Petitioners: Mr. Pradeep Singh Rana, Mr. Kumar Piyush Pushkar
For the Respondents: Ms. Meenakshi Chauhan, Mr. Amit Chadha

Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.

Headnote:(A) Penal Code, 1860 - Sections 406, 420, 409, 120B - Bail application for alleged economic offenses involving large investment frauds - Petitioners claimed no direct involvement, asserting lack of evidence linking them to the scam - Multiple FIRs pending against them indicate acute gravity of the case with multiple victims involved. (Paras 1, 17, 18, 20)

(B) Bail considerations - The magnitude of the offences and their potential impact on the economy are relevant but should not be the sole grounds for denial; the detaining of accused pending trial must align with reasons of ensuring their appearance before court and preventing interference in the trial process. (Paras 18-19)

(C) Constitutional rights - Emphasizing the presumption of innocence; denying bail should not be based on the seriousness of the crime alone, highlighting protective measures necessary to prevent evidence tampering or witness intimidation. (Paras 21-22)

Findings of Court:
The gravity of the offenses presented was crucial, yet, the Petitioners' prolonged custody was deemed unnecessary following the completion of the investigation and submission of chargesheet.

Result: Bail granted to Petitioners with stringent conditions to prevent interference in the investigation.

Table of Content
1. petitioners seek bail for economic offenses. (Para 1 , 2)
2. defense argues against evidence linking petitioners to investors' fraud. (Para 3 , 4 , 5 , 9)
3. state argues against bail due to gravity and previous conduct of petitioners. (Para 7 , 8 , 12 , 15)
4. bail considerations balanced against gravity of the charges. (Para 18 , 19)
5. court grants bail with conditions, emphasizing personal liberty rights. (Para 21 , 23)

1. The Petitioners seek regular bail in FIR No. 89/2019 dated 01.06.2019 registered at Police Station Economic Offences Wing for offences under S.406/420/409/120B of the Penal Code, 1860 (hereinafter, "IPC").

2. The facts, in brief, leading up to these petitions are as follows:
a. A complaint was filed by ex - serviceman, Sh. Dharmender Singh, stating that SMP IMPEX Pvt. Ltd. (Hello Taxi) (hereinafter, "the Company"), and its Directors / Officials, Dr. Saroj Mahapatra, Mr. Rajesh Mahto, Ms. Daisy Vijay Menon, Mr. Sunder Singh Bhati and other unknown persons had committed cheating and fraud.
b. It is stated that the Complainant had received a message and an email from the Company stating that if he invested his money, they would give him a 200% return within 1 year. The Directors, Dr. Saroj Mahapatra and Rajesh Mahto called the Complainant and invited him to Netaji Subhash Place where they told him about the Company and explained their plans to expand it on the lines of Uber / Ola. They told the Complainant that the Company was registered with RBI and SEBI. They further made the Complainant meet one Mrs. Daisy Vijay Menon who showed the Complainant the plan of the Company.
c. It is stated that after much insistence, the Complainant invested Rs. 9,00,000/-. Further, the Complainant's friends, namely Rajesh Kumar, Rajender Singh, Yogender Singh, Umed Singh, Ajay, Sunil also invested Rs. 15 to 20 lakhs. It is stated that on the 10th of every month, instalment would be sent to the account of the investors, however, after the first two months, no instalment was made. On speaking with Harish Bhati and Rajesh Mahto, the Complainant was informed that he would get the third instalment by 15th of the month, i.e. 15th March, however, the third instalment was still not made. On calling the Company, Saroj Mahapatra showed the Complainant a clip from social media showcasing that the Company's accounts had been frozen.
d. It is stated that the Complainant's money has not been returned till date and that the accused do not pick up the calls of the Complainant. Stating that the Complainant and many others have been defrauded of their money, the complaint was filed on the basis of which the instant FIR was registered.
e. The Petitioner in BAIL APPLN. 3750/2021 filed an anticipatory bail application before the Ld. Trial Court which was dismissed vide Order dated 03.08.2019. The Petitioner in BAIL APPLN. 3750/2021 was declared absconder / proclaimed offender on 17.02.2020 and was arrested on 09.12.2020. Anticipatory bail application before this Court was dismissed as infructuous vide Order dated 16.08.2021. Bail application under S.437 Cr.P.C. of Petitioner in BAIL APPLN. 3750/2021 was dismissed vide Order dated 05.07.2021. Bail application under S.439 Cr.P.C. of Petitioner in BAIL APPLN. 3750/2021 was dismissed by the Sessions Court vide Order dated 23.09.2021.
f. An anticipatory bail application was filed by the Petitioner in BAIL APPLN. 3921/2021 which was dismissed by the Ld. Trial Court vide Order dated 19.09.2019. The Petitioner in BAIL APPLN. 3921/2021 was declared absconder / proclaimed offender on 17.02.2020 and was arrested on 22.08.2020. Bail applications before the Ld. CMM and the Ld. ASJ, Rohini were dismissed vide Orders dated 11.09.2020 and 24.09.2020, respectively. After filing of chargesheet, yet again bail application before the Ld. CMM was dismissed vide Order dated 10.05.2021.






3. Mr. Pradeep Singh Rana, learned Counsel for Petitioner in BAIL APPLN. 3750/2021, submits that the Petitioner has been lang



































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