GRAVITY OF AN OFFENCE CANNOT BE A MERE REASON FOR DENIAL OF BAIL – DELHI HC

The Delhi High Court recently held that the gravity of an offense could not be the only criterion for denial of bail. The HC held the above while granting bail to two men accused of conning people to the tune of ₹240 crores. 

"A person convicted should be kept in custody if there is a possibility that he might tamper with the evidence or flee away from justice. If there is no such possibility, then the Court should be circumspect while considering depriving the accused of their personal liberty". Justice Subramonium Prasad observed that the mere belief that the accused may hinder the investigation could not be a ground to stretch the incarceration of the accused.

BACKGROUND

Sunder Singh Bhati and Rajesh Mahto were accused of duping hundreds of people on the promise that if they invested in the company belonging to them, it would gain 200 percent returns a year. They said that their company was registered with the Reserve Bank of India and the Securities and Exchange Board of India, and they are planning to expand their company on the lines of Ola and Uber.

After Dharmendra Singh filed a complaint, the Economic Offences Wing of the Delhi Police booked the two accused under sections of the Indian Penal Code (IPC). After investigation, it was revealed that approx 900 complaints were pending against the two, and the total amount collected from investors was estimated to be around ₹240 crores.

The Court noted that the two men were arrested in 2020, and they have been in custody for more than a year while charge sheets and supplementary charge sheets have already been filed against them. 

After hearing the parties and observing that the evidence is in the custody of the Investigating Agency, Justice Prasad directed the appellants to furnish a bail bond of ₹1,50,000. 

Author: Papiha Ghoshal