2017 (12) TMI 1839 - HC - Indian Laws

Seeking pre-arrest bail - fraud - money received in lieu of assured job, which ultimately was not granted - offences punishable under Sections 406 420 r/w. Section 34 of the Indian Penal Code - HELD THAT - After considering the nature and gravity of the allegations, the materials in support thereof, the severity of the punishment which conviction would entail, the character and antecedents of the petitioner, the possibility of the petitioner fleeing from justice and other facts and circumstances, the relief of pre-arrest bail can be granted to the petitioner, subject to conditions. Application allowed.

Summary

Issues:
- Pre-arrest bail application under Sections 406 & 420 r/w. Section 34 of the Indian Penal Code.

Analysis:
1. The petitioner, the second accused in a criminal case, sought pre-arrest bail under Sections 406 & 420 r/w. Section 34 of the Indian Penal Code. The prosecution alleged that the petitioner, running an Old Age Home, induced the complainant to believe in a job abroad, resulting in a fraud where the complainant lost money with no job assurance.

2. The petitioner, a 67-year-old cancer patient with no criminal antecedents, claimed innocence, stating he had no involvement in the transactions between the other accused and the complainant. The Public Prosecutor opposed the bail, presenting the case diary showing no evidence linking the petitioner to the fraudulent transaction.

3. After evaluating the allegations, evidence, potential punishment, petitioner's character, and the risk of absconding, the judge granted pre-arrest bail to the petitioner. The bail conditions included a bond of Rs.50,000, cooperation with the investigation, prohibition on influencing witnesses, refraining from similar offenses, and surrendering before the Magistrate if needed.

4. The conditions imposed allowed for the petitioner's release upon arrest, with requirements for regular appearances before the Investigating Officer, non-influence of witnesses, refraining from similar offenses, and surrendering before the Magistrate if necessary. Violation of these conditions empowered the jurisdictional Court to consider cancellation of bail.