Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 557 - HC - Money LaunderingCancellation of granted Bail - offences punishable u/s 120-B r/w 420 of IPC and Sections 7,8,9,12, 13(2) r/w 13(l)(d) of Prevention of Corruption Act, 1988 - scheduled offences - proceeds of crime - the learned Additional Solicitor General argued that investigation in the present case is still going on - HELD THAT:- It is settled that once bail granted should not be cancelled in a mechanical manner without considering any supervening circumstances which is not conducive to fair trial. It cannot be cancelled on a request from the side of the complainant/investigating agency unless and until it is established that the same is being misused and it is no longer conducive in the interest of justice to allow the accused any further to remain on bail. No doubt, the bail can be cancelled only in those discerning few cases where it is established that a person to whom the concession of bail has been granted is misusing the same. However, all those facts are missing in the present case. It is also not in dispute that in the present case out of 46 accused, only 5 accused have been arrested and four accused are on bail. Only accused 35 Christian Michel James is in judicial custody who was extradited from abroad - It is pertinent to mention here that learned Solicitor General during arguments handed over some documents, however, not in the sealed cover and without furnishing the same to the counsel for the respondent. Since these documents are not in sealed cover and not furnished to the counsel for the respondent, therefore, this Court has not perused the same and not relied upon. There is no ground made in the present petition to interfere with the impugned order whereby learned Special Judge has granted bail to the respondent - petition dismissed.
|