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(2023) Law Today Live Doc. Id. 17507
Decided on: 18.01.2023
For Petitioner(s):
Ms. Ruchi Kohli, Adv. Mr. Yash Mishra, Adv. Ms. Srishti Mishra, Adv. Mr. Rohan Akshay, Adv. Ms. Ranjita Rohatgi, Adv. Mr. R. C. Kohli, AOR
For Respondent(s):
Mr. Jayant Sud, ASG Mr. Ishaan Sharma, Adv. Mr. Kartik Jasra, Adv. Mr. Annirudh Sharma, Adv. Mr. Prashant Singh, Adv. Mr. Randeep, Adv. Mr. G.S. Makker, AOR
Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120B, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Constitution of India, Article 21, 136 -- Cheating and forgery – Regular bail – Allegations against the petitioner are extremely serious -- She is involved in 19 criminal cases -- In most of the cases there are allegations of forging documents and duping the financial institutions like Bank of Maharashtra to avail cash credit running into crores of rupees -- Husband of the petitioner who stood as the guarantor is equally involved -- Mortgage deeds of the properties furnished as security were also found to be forged:
-- Petitioner is in custody for almost seven years.
-- Out of 19 cases, the petitioner has been enlarged on bail in 17 cases.
-- There are 61 prosecution witnesses and the third witness is being examined now. The conclusion of trial will thus take a long time.
-- Assuming that the petitioner is eventually found guilty and appropriate sentence is awarded, yet the period of almost seven years spent by her as an under-trial prisoner cannot be taken lightly.
Held, balance between the rights, emanating under Article 21 of the Constitution of India on the one hand and the State’s right to ensure a fair and proper trial on the other hand, need to be balanced. Consequently, without expressing any view on the merit, the petitioner directed to be released on bail.
(Para 1-4)
ORDER
1. The petitioner seeks her enlargement on regular bail in FIR No. 56/2016 registered on 11th May 2016 under Sections 420, 467, 468, 471, 120B, 34 IPC at Police Station, Economic Offence Wing Delhi.
2. There is no doubt and allegations against the petitioner are extremely serious. She is involved not in one but 19 criminal cases. In most of the cases there are allegations of forging documents and duping the financial institutions like Bank of Maharashtra to avail cash credit running into crores of rupees. The husband of the petitioner who stood as the guarantor is equally involved. The mortgage deeds of the properties furnished as security were also found to be forged. The offences, as noticed earlier, are alleged to have been committed with different financial institutions.
3. The other story of the case is that the petitioner was arrested on 24th February, 2016. She is in custody for almost seven years. The trial in the subject case has just commenced and the complainant is being examined in these days. Out of 19 cases, the petitioner has been enlarged on bail in 17 cases. In the case in hand, there are 61 prosecution witnesses and the third witness is being examined now. The conclusion of trial will thus take a long time.
4. Assuming that the petitioner is eventually found guilty and appropriate sentence is awarded, yet we are of the view that the period of almost seven years spent by her as an under-trial prisoner cannot be taken lightly. We are thus of the view that it is a case where balance between the rights, emanating under Article 21 of the Constitution of India on the one hand and the State’s right to ensure a fair and proper trial on the other hand, need to be balanced. Consequently, without expressing any view on the merit, the petitioner is directed to be released on bail subject to furnishing appropriate bail bonds to the satisfaction of the trial court. In addition to the conditions which may be imposed by the trial court, it is directed that :-
(i) The passport of the petitioner, if not impounded, shall be deposited with the trial court.
(ii) The petitioner shall appear before the trial court on each and every day unless exempted expressly.
(iii)The petitioner shall not make any direct or indirect attempt to influence the prosecution witnesses.
(iv) The immovable assets of the petitioner and her husband shall remain attached till trial in all cases are over.
(v) The petitioner shall fully cooperate with the on going trial and shall not take any adjournment.
5. The special leave petition is disposed of accordingly.
6. Pending application(s), if any, shall stand disposed of.
Order accordingly.
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