Supreme Court Grants Bail in Fraud Case, Citing Incarceration Period and Pre-Trial Delay.


The Supreme Court of India has granted bail to an appellant accused in a case involving fraud, forgery, and criminal conspiracy, overturning a decision by the Madhya Pradesh High Court at Gwalior in the matter of Karan Patidar v/s The State of Madhya Pradesh. The appellant, who has been in custody since September 23, 2024, was facing charges under Sections 420 (cheating and dishonestly inducing delivery of property), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), and 120-B (criminal conspiracy) of the Indian Penal Code, 1860.

The case stems from FIR No. 0316, registered on December 1, 2023, at Police Station Lahar, District-Bhind, Madhya Pradesh. The High Court had rejected the appellant's bail prayer on December 16, 2024.

 

 

During the Supreme Court proceedings, the appellant's counsel voluntarily undertook to deposit a sum of Rs. 2,75,000/- with the trial court. The Court directed that this amount be invested in a short-term fixed deposit interest-bearing account in a nationalized bank on an auto-renewal basis, with the trial court to pass appropriate orders regarding it upon the final decision of the case.

The Supreme Court noted that while a charge sheet was filed on November 18, 2024, charges have not yet been framed because the investigation against an absconding co-accused is still ongoing.

Considering the period of incarceration already suffered by the appellant and the fact that the trial is yet to commence, the Supreme Court found it appropriate to grant bail. The Court set aside the High Court's impugned judgment and ordered the appellant's release on bail, subject to terms and conditions to be imposed by the trial court.

The Supreme Court explicitly clarified that its observations and the grant of bail should not be construed as findings on the merits of the case. The appellant is required to appear before the trial court on all fixed dates, unless exempted, with a warning that failure to comply or any breach of bail conditions could lead to bail cancellation.


Section 120B., Indian Penal Code - 1860  

Section 420., Indian Penal Code - 1860  

Section 467., Indian Penal Code - 1860  

Section 468., Indian Penal Code - 1860  

Section 471., Indian Penal Code - 1860  

Indian Penal Code, 1860