TMI Blog2020 (4) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... 6A in its application cannot be read de hors its provisos. The object and purpose of the section is to ensure that the person is not detained pending trial for a period that may exceed half of the total punishment prescribed under the Section under which he is charged. Upon exceeding such period, the petitioner is in fact entitled to be granted bail. The right to bail under Section 436A is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is that he was the person in control and management of one Rose Valley Group of Companies. It is also alleged that the shareholders of the group of companies are accustomed to act as per the wishes of the petitioner. E.D. has charged the petitioner, inter alia, for issuing debentures to extent of about ₹ 12 crores without permission from statutory authorities. It is submitted that the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat his case ought to have been considered and placed before the High Powered Committee for release of undertrials and convicts, constituted by the Hon ble Chief Justice as per the direction of the Hon ble Supreme Court. In answer to the petitioner s arguments, Mr. Banerjee submits that High Powered Committee in its meeting held on 27.03.2020, stipulated certain category of undertrials and conv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 1st proviso to the said Section, a discretion is still vested in the Court, to decline such statutory right. This Court is, therefore, of the view that the right to bail under Section 436A is not absolute. This Court notes that Rose Valley Group of Companies is being prosecuted various other proceedings both civil and criminal. The involvement of the petitioner in what has been commonly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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