TMI Blog2020 (11) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... sounds very harsh and onerous as a considerable amount i.e. around ₹ 50.0 lacs, of the sureties shall lie locked for an indefinite period of time as nobody can predict the date of disposal of the case against the applicant/accused. Consequently, the requirement of furnishing FDR by the surety needs to be set aside. It is a settled proposition of law that in matters relating to bail, economic offences constitutes a separate and distinct class. In the case at hand, the applicant/accused is alleged to be involved in a case of service tax evasion to the tune of ₹ 22, 71,07,389/-. The applicant/accused is also reported to be involved in multiple other economic offences. Off late, a trend amongst persons involved in economic offences fleeing abroad is a cause of concern for the entire nation. Considering the past criminal antecedents of applicant/accused and the nature of allegations in the present case, his chances of fleeing from the course of justice are apparently very high and the concern of the Ld. ACMM while imposing condition no. 2 cannot be brushed aside lightly - the impugned condition is modified to the extent that the applicant/accused shall deposit 15% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... H S Pannu v. Govt. of NCT of Delhi (2007) 145 DLT 101, Sandeep Jian v. National Captial Territory of Delhi (2000) 2 SCC 66, Sheikh Ayub v. State of M.P (2004) 13 SCC 457, Geetha Anr v. State of T. N. (2005) 12 SCC 203, Sajani Khanna ors v. State, Crl. M. (M) No. 616 of 2002 and Amarjit Singh v. State of NCT of Delhi (2009) 13 SCC 769. 4. On the contrary, Ld. Special PP for department has forcefully argued that the applicant/accused was involved in a case involving duty evasion of ₹ 22 crores. It is further submitted that the applicant/accused is involved in as many as 15 other criminal cases. It is submitted that considering the antecedents of the applicant/accused, his chances of fleeing are very high and therefore the conditions imposed by the Ld. ACMM are not only just but mandatory for ensuring the presence of the accused during the course of trial. 5. I have heard the rival submissions and carefully gone through the record. 6. The applicant/accused is aggrieved by condition no. I and II. 7. It would be apt to reproduce section 437 CrPC herein for ready reference. Section 437 : When bail may be taken in case of non-bailable offence.- (1) When an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. 8. It has been observed by the Hon'ble Apex Court in the matter of Sumit Mehta v. State (NCT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest of justice. We are aware that palpably such wordings are capable of accepting broader meaning. But such conditions cannot be arbitrary, fanciful or extend beyond the ends of the provision. The phrase interest of justice as used under the Sub-clause (c) of Section 437(3) means good administration of justice or advancing the trial process and inclusion of broader meaning should be shunned because of purposive interpretation. 12. Coming back to the case at hand, from the perusal of the impugned order it is clear that the court exceeded its jurisdiction in imposing such arbitrary conditions. Some of the conditions imposed are highly onerous and are absurd. Such onerous anticipatory bail conditions are alien and cannot be sustained in the eyes of law. The conditions imposed appear to have no nexus with the good administration of justice or advancing the trial process, rather it is an over-zealous exercise in utter disregard to the very purpose of the criminal justice system. 10. Therefore, perusal of Section 437 (3) CrPC read with the mandate of the Hon'ble Apex Court in the matter of Sumit Mehta v. State (NCT of Delhi) (2013) 15 SCC 570, Kunal Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the National Economy and National Interest 15. In the matter of Y. S. Jangan Mohan Reddy v. CBI (2013) 7 SCC 439 , Hon ble Apex Court has observed that: ..15) Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. (16) While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable appreh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
