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1 - 10 of 18 (0.27 seconds)Section 447 in The Companies Act, 2013 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Y.S.Jagan Mohan Reddy vs C.B.I on 9 May, 2013
He further submitted that the applicants are also being given their regular medicines for their ailment in jail. So far as the case which have been relied upon by the learned counsel for the applicants with respect to release on interim bail by the Delhi High Court with respect to accused involved in serious offences are concerned, it was a short period for operating Bank account and taking care of mentally retarded child of the said accused. He submitted that looking into the gravity and nature of offence committed by the applicants where they have deceived the Public Financial Institutions/Banks worth thousands of crores, this Court should not exercise its discretion in grant of interim bail to the applicants and the same be rejected. Learned Assistant Solicitor General in support of his argument has relied upon the judgment of the Apex Court in the case of Serious Fraud Investigation Office vs. Nittin Johari and another (Criminal Appeal No. 1381 of 2019, P Chidrambaram vs. Directorate of Enforcement (2019) 9 SCC 24, Y.S. Jagan Moham Reddy vs. Central Bureau of Investigation, reported in 2013 (7) SCC 439, and in Rohit Tandon vs. Directorate of Enforcement, (2018) 11 SCC 46 and State of Gujarat vs. Mohanlal Jitamalji Porwal, (1987) 2 SCC 364 in which the Court has observed that 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 Companies. The court thus observed that while granting bail, the court has to keep in mind the nature of accusations, nature of evidence in support thereof, the severity of punishment which conviction will ential, the larger interest of the public/State and other similar considerations.
Rohit Tandon vs The Enforcement Directorate on 10 November, 2017
He further submitted that the applicants are also being given their regular medicines for their ailment in jail. So far as the case which have been relied upon by the learned counsel for the applicants with respect to release on interim bail by the Delhi High Court with respect to accused involved in serious offences are concerned, it was a short period for operating Bank account and taking care of mentally retarded child of the said accused. He submitted that looking into the gravity and nature of offence committed by the applicants where they have deceived the Public Financial Institutions/Banks worth thousands of crores, this Court should not exercise its discretion in grant of interim bail to the applicants and the same be rejected. Learned Assistant Solicitor General in support of his argument has relied upon the judgment of the Apex Court in the case of Serious Fraud Investigation Office vs. Nittin Johari and another (Criminal Appeal No. 1381 of 2019, P Chidrambaram vs. Directorate of Enforcement (2019) 9 SCC 24, Y.S. Jagan Moham Reddy vs. Central Bureau of Investigation, reported in 2013 (7) SCC 439, and in Rohit Tandon vs. Directorate of Enforcement, (2018) 11 SCC 46 and State of Gujarat vs. Mohanlal Jitamalji Porwal, (1987) 2 SCC 364 in which the Court has observed that 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 Companies. The court thus observed that while granting bail, the court has to keep in mind the nature of accusations, nature of evidence in support thereof, the severity of punishment which conviction will ential, the larger interest of the public/State and other similar considerations.