Lawstreet Journal

Interim Bail Not to Be Granted To Undertrials Accused Of Economic Offences As Per High Powered Committee’s Criteria: Delhi HC

Lawstreet Journal 12 Aug 2020 7:45pm

Image courtesy: Lawstreet Journal Judiciary Interim Bail Not to Be Granted To Undertrials Accused Of Economic Offences As Per High Powered Committee’s Criteria: Delhi HC

Accused of Religare Finvest Scam Malvinder Mohan Singh, moved a criminal writ petition seeking quashing of High-Powered Committee’s Minutes of Meeting dated 28.03.2020 on the grounds that it is arbitrary, unjust, unfair and not on any reasonable basis and without any intelligible differentia. He also said that it is wholly unconstitutional and that it is violative of fundamental rights of the petitioner guaranteed under “Articles 14 and 21” of the Constitution.

The petitioner also submits that the nature and gravity of offense does not appear to be criteria adopted by the Hon’ble High Powered Committee of the Court since persons accused of offense “u/s 302 (Murder) IPC” (carrying punishment up to life imprisonment) have been considered eligible as opposed to persons to have been accused of economic crimes under the PMLA Act (carrying a maximum punishment of 7 years) and having caused no bodily injury to the society.

The petitioner relied on the verdict of Hon’ble Supreme Court in Sanjay Chandra vs. State (2012) where it was held that mere involvement in the economic offense and large sums of money with serious allegations is not a ground to refuse bail.

The court in this petition noted that economic offenses are offenses which corrode the fabric of democracy and are committed total disregard to the rights and interest of the nation and are committed by breach of trust and faith and are against the national economy and interest. Such natures of offenses have not been considered… Continue Reading...

Tagged: Delhi High Court  
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