38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Interim Bail Not to Be Granted To Undertrials Accused Of Economic Offences As Per High Powered Committee’s Criteria: Delhi HC

By Bakul      12 August, 2020 02:15 PM      0 Comments
Interim Bail Not to Be Granted To Undertrials Accused Of Economic Offences

Accused of Religare Finvest Scam Malvinder Mohan Singh, moved a criminal writ petition seeking quashing of High-Powered Committee’s Minutes of Meeting dated 28.03.2020 on the grounds that it is arbitrary, unjust, unfair and not on any reasonable basis and without any intelligible differentia. He also said that it is wholly unconstitutional and that it is violative of fundamental rights of the petitioner guaranteed under “Articles 14 and 21” of the Constitution.

The petitioner also submits that the nature and gravity of offense does not appear to be criteria adopted by the Hon’ble High Powered Committee of the Court since persons accused of offense “u/s 302 (Murder) IPC” (carrying punishment up to life imprisonment) have been considered eligible as opposed to persons to have been accused of economic crimes under the PMLA Act (carrying a maximum punishment of 7 years) and having caused no bodily injury to the society.

The petitioner relied on the verdict of Hon’ble Supreme Court in Sanjay Chandra vs. State (2012) where it was held that mere involvement in the economic offense and large sums of money with serious allegations is not a ground to refuse bail.

The court in this petition noted that economic offenses are offenses which corrode the fabric of democracy and are committed total disregard to the rights and interest of the nation and are committed by breach of trust and faith and are against the national economy and interest. Such natures of offenses have not been considered by the committee to fall within the ambit of the grant of discretionary interim bail and therefore, it cannot be termed to be an arbitrary exercise.

The Hon’ble High Powered Committee while considering the representation of the applicant was of the opinion that the committee was not formed to look into merits and demerits of an individual case for being released on interim bail and rather it was formed to lay down a criterion taking into consideration a particular class and not any particular prisoner or inmate.

The committee said that the representation filed by the applicant herein was unmerited and the same was accordingly rejected. 

The court refused to quash the Minutes of Meeting held on March 28th and said that such undertrial prisoner, however, has the liberty to move court seeking bail under the relevant provision of CrPC. 

 



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email