TMI Blog2021 (6) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... higher Courts. In Dipak Subhash Chandra Mehta Vs. CBI [ 2013 (6) TMI 105 - SUPREME COURT ] Hon'ble Apex Court held that the Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is need to indicate in such orders reasons for prima facie concluding whey bail was being granted, particularly, where the accused is charged of having committed serious offence. In the given facts, accused is a old man of 66 years of age apparently having clean antecedents as no evidence has been brought forth by the department to show that he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. It is submitted that accused is suffering from several diseases and for muscular hole in retina he requires surgical treatment. It is submitted that his medical conditions make him more susceptible to Covid-19 virus. It is submitted that not even a single rupee has been received by the accused in his personal account and there is no documentary proof of applicant received any monetary benefit from the alleged offence. It is submitted that the applicant cannot be termed as main beneficiary as enquiries from other stake holders is still to be carried out and rather accused company has already paid the entire GST. It is submitted that applicant was not interrogated even once during custody and has retracted from his statement given to the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5CC 134 Hon'ble Apex Court held that ... the Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is need to indicate in such orders reasons for prima facie concluding whey bail was being granted, particularly, where the accused is charged of having committed serious offence. The Court granting bail has to consider, among other circumstances, the factors such as: a) The nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence; b) reasonable apprehension of tamperi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail, it has been held in catena of decision is not to be withheld as punishment. Even assuming that the accused is prima facie guilty of a grave offence, bail cannot be refused in an indirect process of punishing the accused person before he is convicted. Furthermore, there is no justification for classifying offence into different categories such as an economic offences and for refusing bail on the ground that the offence involved belonging to particular category. It cannot, therefore, be said that bail should invariably be refused in cases involving socio economic offences. Further, the investigating agency is having the possession of all the documentary evidence collected so far and although the investigation is ongoing for col ..... X X X X Extracts X X X X X X X X Extracts X X X X
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