07 March 2024 Criminal Trial >> Criminal Law  

A businessman embroiled in a serious fraud case finds himself locked in a separate battle – securing his release on bail. Detained since April 2019, he now approaches the court arguing for bail on grounds of extended pre-trial detention and deteriorating health.

Facts:

• The Applicant's arrest occurred on April 1, 2019. The Applicant has been incarcerated for nearly five years, preceding their trial.
• Charges against the Applicant include violations of Sections 447 of the Companies Act, 2013, and relevant sections of the Indian Penal Code pertaining to fraud.
• An SFIO complaint encompasses a total of 30 accused individuals; however, the Applicant remains the sole individual in custody. Medical records document the Applicant's cardiac health concerns.

Conclusions:

• The Applicant's pre-trial detention duration surpasses a substantial portion of the potential sentence that could be imposed.
• The Applicant's health is demonstrably deteriorating, necessitating specialized treatment unavailable within the jail facility. Continued pre-trial detention raises concerns regarding the violation of the applicant's fundamental right to liberty as enshrined in Article 21.
• The prosecution may counter the bail application by citing the severity of the alleged financial crimes and potential flight risk concerns.