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TMI Blog2024 (3) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Penal Code, 1860 (for short "I.P.C"). 2. Shorn of unnecessary details, a few facts germane for disposal of this application, can be summarized as follows. 3. There are 30 accused arraigned by respondent No.1 - SFIO in the aforesaid criminal complaint. The applicant is accused No.3. The genesis of the case is an order of investigation passed by the Central Government i.e Ministry of Corporate Affairs whereby the said Ministry in the public interest on the basis of cogent material, framed it's opinion that investigation into the affairs of the several companies i.e Infrastructure Leasing and Financial Services Limited (IL & F.S) and it's subsidiary companies is necessary to be conducted by SFIO and accordingly passed an order bearing Order No. 03/679/2018/CL-II (WR) dated 30th September, 2018 in this regard in exercise of it's powers under Section 212 (1) (c) of the Companies Act, 2013. 4. Pursuant to an order of the Ministry, a team was appointed for carrying out the aforesaid investigation. During investigation, it revealed that IL&FS Financial Services Ltd (hereinafter referred to as "IFIN') is one of the subsidiary companies of the IL&FS Group, whose investigation has al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the applicant who is now 63 years old. It is further submitted that the respondent No.1 has not even arrested any of the accused. Learned Senior Counsel has placed reliance on multiple decisions of the Hon'ble Supreme Court and this Court in order to buttress his contention on the aspect of bail. It is a matter of record that ever since his arrest, the applicant would be completing five years on 1st April, 2024. It is also a matter of record that cognizance has been taken by the jurisdictional Court, after more than four years and six months, more precisely on 28th November, 2023. The SFIO complaint was filed on 30th May, 2019. The record reveals that sixty six witnesses are enlisted in the complaint. It is a matter of record that one of the accused - Ramesh Bawa was granted bail on medical ground by this Court. Accused - Ramchand and Saha appears to have been arrested by the Enforcement Directorate based on SFIO's predicate offence and they have also been released on bail. 12. Mr. Venegavkar, learned Special Public Prosecutor while strongly objecting release of the applicant on bail vehemently urged to reject the application by contending that the accused has no exclusive right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implants in second stage after a gap of four to six months". This patient has persistent mild headache. The MRI brain shows mild ventriculomegaly which is evaluated by Dr. Vibhor Pardasani sir (Neurologist) Dr. Mahesh Choudhary sir (Neurosurgeon). This issue is not critical and to be managed medically. He has persistent back pain more in morning hours and temporarily relieved by physiotherapy. So, for long terms relief he needs regular lower back physiotherapy for a long duration". There is another medical report dated 26th September, 2023. Relevant part is extracted below; "He has serious cardiac illness with possibility of sudden cardiac death as Holter s/o III-sustained VT. As a treatment of this disease he is on appropriate medical therapy but he also needs AICD device implantation. Cardiac arrhythmias are unpredictable and serious complications seen in heart disease, need close monitoring. The device therapy is to be done after a gap of 6-8 weeks from the date of angioplasty as per scientific guidelines. Right now he is having symptomatic orthostatic hypotension which is an additional crippling illness. He is being monitored closely and appropriate medical steps ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication for bail. It would be apposite to extract paragraphs 7 to 9 of the said order which read thus; "7. The appellant is in custody since 28 August 2019. 187 accused are named in the criminal case by the prosecution. It is stated in the counter affidavit that all except 27 of them have appeared. It is evident that even as regards the balance, proclamation proceedings are intended to be initiated pursuant to the order of the Special judge dated 25 March 2022. The proceedings are now listed before the Special Judge in July 2022. 8. In this backdrop, in the absence of a fair likelihood of the trial being completed within a reasonable period, this Court must be mindful of the need to protect the personal liberty of the accused in the face of a delay in the conclusion of the trial. We are inclined to grant bail on the above ground having regard to the fact that the appellant has been in custody since 28 August 2019. In Nitin Johari (supra), this Court has held: "24. At this juncture, it must be noted that even as per Section 212(7) of the Companies Act, the limitation under Section 212 (6) with respect to grant of bail is in addition to those already provided in CrPC. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught to be granted the benefit of bail under Section 439 of the Code of Criminal Procedure 1973 since the right to an expeditious trial is protected under Article 21 of the Constitution. We accordingly direct that the appellant shall be released on bail, subject to such terms and conditions, as may be imposed by the Sessions Judge, Kanpur in connection with Sessions Trial No 577 of 2020". 19. The next order pressed into service is in case of Bindu Rana Vs. Serious Fraud Investigation Office (supra). In that case, Delhi High Court has observed that it is not a rule that the bail has to be denied in every case where allegations are one of grave economic offences. There was no reason why similarly placed accused were not arrested and, therefore granted bail to the applicant. Paragraphs 47 and 56 to 62 are reproduced below; "47. From the perusal of the complaint, it is apparent that even in relation to the charges which are alleged against the present applicant, there are various other accused persons who have been named as co-accused. The role assigned to them at this stage is no different than the Applicant. However, surprisingly the SFIO did not feel any need or ground to arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s being prosecuted by National Investigation Agency for the offences punishable under sections 143, 147, 148.120-B. 341, 427, 323, 324, 326, 506 Part II, 201, 202, 153-A, 212, 307, 149 of the I.P.C and Section 3 of the Explosive Substances Act, 1908 and Sections 16, 18, 18-B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967. Paragraphs 10,11,15 and 17 are extracted below; "10. It is a fact that the High Court in the instant case has not determined the likelihood of the respondent being guilty or not, or whether rigours of Section 43D(5) of UAPA are alien to him. The High Court instead appears to have exercised its power to grant bail owing to the long period of incarceration and the unlikelihood of the trial being completed anytime in the near future. The reasons assigned by the High Court are apparently traceable back to Article 21 of our Constitution, of course without addressing the statutory embargo created by Section 43-D (5) of UAPA. 11. The High Court's view draws support from a batch of decisions of this Court, including in Shaheen Welfare Association (1996) 2 SCC 616, laying down that gross delay in disposal of such cases would justify the invocation of Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence. Such an approach would safeguard against the possibility of provisions like Section 43-D (5) of the UAPA being used as the sole metric for denial of bail or for wholesale breach of constitutional right to speedy trial. (emphasis supplied) 22. It can thus be seen that even the rigours of Section 43-A in the UAPA Act were not considered by the High Court as to whether the respondent was being guilty or not? The High Court of Patna exercised it's powers to grant bail owing to the long period of incarceration and unlikelihood of trial being completed any time in the near future. Indeed, the reasons assigned by the High Court were traceable back to Article 21 of the Constitution. 23. The Supreme Court in case of Union of India Vs. K.A. Najeeb (supra), observed that the High Court's view drew support from batch of decisions of the Supreme Court including the case of Shaheen Welfare Association Vs. Union of India 1996 (2) Supreme Court Cases 616 laying down that gross delay in disposal of such cases would justify the invocation of Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s suffering from various health ailments which required constant medical attention. It was one of the considerations while granting bail. Relevant paragraph is quoted below for advantage; "14. The applicant is 63 years of age. It is thus seen that the applicant needs constant medical treatment. No doubt the same is available and provided to the applicant at Sir J. J. Hospital and in prison hospital. However, I have no hesitation in opining that the applicant needs constant medical attention considering his age and ailment. The age and medical condition of the applicant is one of the circumstance which I have taken into consideration for enlarging the applicant on bail". 28. In a recent decision of the Supreme Court in case of Satyendra Jain Vs. Directorate of Enforcement (supra), Supreme Court granted bail to the accused on medical ground. It was observed that the citizen has a right to take treatment of his choice, at his own expenses, in a private hospital. 29. Indubitably, investigation is over and the applicant's detention is no more required in judicial custody. Nothing is to be recovered at the instance of the applicant. Almost all the evidence is in the form of document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer as well as the Special Court. (f) The applicant shall not tamper with the evidence or attempt to influence or contact any of the witnesses or persons concerned with this case. (g) The applicant shall keep the Investigating Officer and the Special Court informed, in case of his admission in any Hospital with details as regards date of admission and discharge. (h) In case of breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of bail. 32. The application stands disposed of in the aforesaid terms. 33. In view of disposal of the Bail Application, pending Interim Applications also stand disposed of. 34. After pronouncement of the order, Mr. Yadav holding for Mr. Venegavkar seeks stay to the order for one week in order to facilitate respondent No. 1 - SFIO to approach the Supreme Court. 35. Mr. Ponda, learned Senior Counsel strongly opposes the prayer in light of the fact that the applicant has been incarcerated for nearly five years. 36. It would be unjustifiable to stay the order in light of the discussion made hereinbefore and, therefore, request made by Mr. Yadav cannot be granted. 37. At this stage, Mr. Ponda ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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