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TMI Blog2024 (8) TMI 1269X X X X Extracts X X X X X X X X Extracts X X X X ..... he properties where investments have allegedly been made out of Society funds. At the end of the day, the interests of the victims of the scam have also to be factored in. The impugned order stands set aside. Respondent No.1 is directed to surrender within a period of three weeks from today, failing which the trial Court shall proceed in accordance with law - appeal allowed. - HIMA KOHLI And AHSANUDDIN AMANULLAH , JJ. JUDGMENT AHSANUDDIN AMANULLAH, J. Leave granted. 2. The present appeal arises from the final judgment and order dated 13.10.2021 Operative portion pronounced in Open Court on 13.10.2021, however the detailed Order was uploaded on the High Court s official website on 30.10.2021. (hereinafter referred to as the Impugned Order ), passed by a learned Single Judge of the High Court of Judicature at Bombay, Nagpur Bench (hereinafter referred to as the High Court ) in Criminal Application (BA) No.867/2021, whereby and whereunder respondent no.1 was released on bail in connection with Crime No.217/2019 registered with Police Station Kotwali, Nagpur for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (hereinafter referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court erred in not appreciating the role of the respondent no.1/accused as stated in the charge-sheet and record of the case. It is submitted that the respondent no.1 and his family members were the ones to whom the amount was given by the Society's office-bearers. Respondent No.1 is the one who majorly benefitted from the scam, therefore, the High Court ought not to have released the respondent no.1. 7. It was submitted that as per the charge-sheet, amount worth ₹79,54,26,963/- (Rupees Seventy Nine Crores Fifty Four Lakhs Twenty Six Thousand Nine Hundred and Sixty Three) has been illegally disposed of by the perpetrators of the crime. Such huge amount was siphoned off by indulging in irregularities and illegal activities. Our attention was drawn towards the Forensic Audit Report wherein it has been revealed that the President of the Society colluded with the respondent no.1/accused and relatives of respondent no.1/accused invested an amount of ₹2,38,39,071/- (Rupees Two Crores Thirty Eight Lakhs Thirty Nine Thousand and Seventy One) against which he was given financial assistance of ₹9,69,28,500/- (Rupees Nine Crores Sixty Nine Lakhs Twenty Eight Thousand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹37,50,000/- (Rupees Thirty Seven Lakhs and Fifty Thousand) and ₹5,00,000/- (Rupees Five Lakhs) are shown as credited in the account of the respondent no.1. As per the Forensic Audit Report, the said figure matches with the saving account. According to the Forensic Audit Report, cash deposit of the amount of ₹45,28,500/- (Rupees Forty Five Lakhs Twenty Eight Thousand and Five Hundred) is also shown in the name of the respondent no. 1. An amount of ₹85,75,150/- (Rupees Eighty Five Lakhs Seventy Five Thousand One Hundred and Fifty) and ₹32,90,850/- (Rupees Thirty Two Lakhs Ninety Thousand Eight Hundred and Fifty) is also shown in the name of the wife of the respondent no.1. It is further noted during investigation that the said amount is not reflected for the purposes of income-tax. Similarly, respondent no.1 and the Society s President executed Sale Deed(s) and purchased various properties in cash. It is averred that later on, they applied for correction in the Sale Deed by making modification that the amount was inadvertently shown to be paid in cash but in fact the payment(s) is/were made through cheque(s). 12. It was submitted that a money trail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een sent for forensic examination, report whereof is still awaited. Further, it was submitted that respondent no.1 was never associated in the affairs of the Society and had never held any position in the Society. 17. Lastly, it was submitted that respondent no.1 is a senior citizen and has complicated age-related medical issues, for which he is undergoing treatment due to the severity of the condition(s). Hence, it is submitted that there are no chances of his absconding. It was stated that investigation is complete and charge-sheet has been filed much prior in time to the grant of bail. Stating that no prejudice has been caused to the smooth running of the trial so as to invoke the intervention of this Court, it was prayed that the instant appeal be dismissed. ANALYSIS, REASONING AND CONCLUSION: 18. Having given our anxious thought to the controversy, we find that the exercise of discretion by the learned Single Judge in the impugned order under Section 439(1) 2 439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct (a) that any person accused of an offence and in custody be released on bail, and if the offence is of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of U.P. (2004) 7 SCC 525 ; Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav (supra) (2004) 7 SCC 528 ; Masroor v. State of Uttar Pradesh (2009) 14 SCC 286 ; Prasanta Kumar Sarkar v. Ashis Chatterjee (2010) 14 SCC 496 ; Neeru Yadav v. State of Uttar Pradesh (2014) 16 SCC 508 ; Anil Kumar Yadav v. State (NCT of Delhi) (2018) 12 SCC 129 ; Mahipal v. Rajesh Kumar @ Polia (supra) (2020) 2 SCC 118 . 27. It is equally well settled that bail once granted, ought not to be cancelled in a mechanical manner. However, an unreasoned or perverse order of bail is always open to interference by the superior Court. If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the bail. Bail can also be revoked by a superior Court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order. In P v. State of Madhya Pradesh (supra) (2022) 15 SCR 211 decided by a three judges bench of this Court [authored by one of us (Hima Kohli, J)] has spelt out the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. 8. In Mahipa l v . Rajesh Kumar alias Polia, (2020) 2 SCC 118, this Court opined as under: 16. The considerations that guide the power of an appellate court in assessing the correctness of an order granting bail stand on a different footing from an assessment of an application for the cancellation of bail. The correctness of an order granting bail is tested on the anvil of whether there was an improper or arbitrary exercise of the discretion in the grant of bail. The test is whether the order granting bail is perverse, illegal or unjustified. On the other hand, an application for cancellation of bail is generally examined on the anvil of the existence of supervening circumstances or violations of the conditions of bail by a person to whom bail has been granted. 9. In Bhagwan Singh v . Dilip Kumar @ Deepu @ Depak , 2023 INSC 761, this Court, in view of Dolat Ram v . State of Haryana, (1995) 1 SCC 349 ; Kashmira Singh v . Duman Singh , (1996) 4 SCC 693 and X v . State of Telangana, (2018) 16 SCC 511, held as f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acie case needs to be examined and detailed reasons relating to the merits of the case that may cause prejudice to the accused, ought to be avoided. Suffice it is to state that the bail order should reveal the factors that have been considered by the Court for granting relief to the accused. 29. In Jagjeet Singh (supra) (2022) 9 SCC 321 , a three-Judges bench of this Court, has observed that the power to grant bail under Section 439 Cr. P.C . is of wide amplitude and the High Court or a Sessions Court, as the case may be, is bestowed with considerable discretion while deciding an application for bail. But this discretion is not unfettered. The order passed must reflect due application of judicial mind following well established principles of law. In ordinary course, courts would be slow to interfere with the order where bail has been granted by the courts below. But if it is found that such an order is illegal or perverse or based upon utterly irrelevant material, the appellate Court would be well within its power to set aside and cancel the bail. (Also refer: Puran v. Ram Bilas (2001) 9 SCC 338 ; Narendra K. Amin (Dr.) v. State of Gujarat (2008) 13 SCC 584 ) ( emphasis supplied ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on record by the investigation and in the nature of economic offence affecting a large number of people reveal the active role of the accused seeking anticipatory or regular bail, it would be fit for the Court granting such bail to impose appropriately strict and additional conditions. In the present case, even that has not been done as the High Court has imposed usual conditions simpliciter: 8. The applicant be released on bail in connection with Crime 217/2019, registered with Police Station Kotwali, Nagpur, for offences punishable under sections 409, 420, 467, 478, 471, 120-B of Indian Penal Code, Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, on executing PR bond of Rs. 16,000/- (Rupees Sixteen Thousand) with one solvent surety of the like amount. 9. The applicant shall attend Economic Offences Wing, Nagpur as and when required by the Investigating Officer. 10. The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence. 11. The applicant shall not leave the country without the permission of the trial Court. ( emphasis supplied ) 26. The High Court, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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