The Madras High Court dismissed a bail petition filed by Rajesh Singh accused of cheating, forgery, and corruption involving Rs. 45 Crores. The Court held that the heinous nature of the offence and risk of tampering with evidence warranted refusal of bail.
Bail application dismissed; petitioner not released from judicial custody.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Twenty Fourth day of February Two Thousand Twenty Two PRESENT
The Hon`ble Mr Justice R. PONGIAPPAN
CRIMINAL ORIGINAL PETITION No.3044 of 2022
RAJESH SINGH [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI (CR.NO. RCO322020A0006 OF 2020)
For Petitioner : M/S.S.MADHUSUDANAN Advocate
For Respondent : M/S K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR
FOR CBI CASES
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 09.08.2021, for the alleged offence under Sections 120(B) r/w 419, 420, 409, 467, 468, 471 of IPC and Sections 13(1)(a) r/w 13(1)(d) & 13(2)of Prevention of Corruption Act,1988 in Crime No.RC.0322020A0006 on the file of the respondent police, seeks bail.
prosecution and the name of the petitioner was also not found in the FIR and he has been falsely implicated in this case. According to him, based on the confession given by the other accused, the present petitioner was arrested and remanded to judicial custody. Hence, it cannot be stated that the petitioner is directly involved in the alleged occurrence. The petitioner is ready to abide with the conditions to be imposed by this Court and also willing to furnish sureties, if he is released on bail. According to the learned counsel, the petitioner is in judicial custody from 09.08.2021 onwards and hence, he prays for grant of bail to the petitioner.
application has been filed under Section 439 of Cr.P.C., before deciding this application, it would be necessary to see the judgment of our Hon'ble Apex Court in Sunil Kumar Vs. State of Bihar and Another, reported in 2022 SCC OnLine SC 88, wherein it was observed as follows:
“36. Grant of bail Under Section 439 of the Code of Criminal Procedure is a matter involving the exercise of judicial discretion. Judicial discretion in granting or refusing bail-as in the case of any other discretion which is vested in a court as a judicial institution-is not unstructured. The duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice.”
-sd/24/02/2022
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET, CHENNAI 2 THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI 3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS. CC to M/S.S.MADHUSUDANAN Advocate on payment of necessary charges CRL OP.3044/2022 Date :24/02/2022 RVR 28/02/2022
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under IPC and Prevention of Corruption Act involving misappropriation of Rs. 45 Crores?
Whether the seriousness of the offence and severity of potential punishment justify refusal of bail under Section 439 Cr.P.C.?
Colour shows how this judgement treated each authority
Sunil Kumar Vs. State of Bihar and AnotherReferred¶24
Sunil Kumar Vs. State of Bihar and Another, 2022 SCC OnLine SC 88 · Who else cites this
4 provisions across 4 enactments
RAJESH SINGH
STATE REP BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
