Code of Criminal Procedure, 1973 – S. 439 – Where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail. Appellate Court is thus required to consider whether the order granting bail suffers from a non-application of mind or a prima facie view from the evidence available on record.
From the aforesaid it emerges that while releasing Respondent no.2 on bail, the High Court has not at all considered the relevant factors including the nature and gravity of accusation; the modus operandi and the manner in which the offences have been committed through shell companies and creating the false/forged documents and/or misusing the PAN Cards, Aadhar Cards and KYCs of the employees and showing them as Directors of the fake and shell companies. As observed hereinabove, the High Court has not at all considered and taken into consideration the status report and the evidence collected during the course of the investigation. Therefore, the impugned judgment and order passed by the High Court releasing Respondent No.2 on bail is unsustainable as the High Court while releasing Respondent No.2 on bail has not exercised the jurisdiction judiciously and has not considered the relevant factors which are required to be considered while grant of bail. [Para 13]
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Case Number : Criminal Appeal No. 94 of 2022; January 28, 2022
Hon’ble Mr. Justice M.R. Shah pronounced the reportable judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice Sanjiv Khanna.
For Appellant(s) Mr. Ashutosh Kumar, Adv. Mr. Manish Kumar Choudhary, Adv. Mr. Bhaskar Mishra, Adv. Ms. Namita Choudhary, AOR Ms. Srishti Khurana, Adv. Ms. Nikita Jain, Adv. Ms. Srishti Choudhary, Adv. For Respondent(s) Mr. Chirag M. Shroff, AOR Mr. Roshan Santhalia, AOR Mr. Vikas Sethi, Adv. Mr. Puja Jakhar, Adv.
Case Link : https://pdf.caselaw.in/sc/2022/01/1235/