The High Court of Delhi dismissed a petition seeking cancellation of anticipatory bail, observing that in the absence of any violation of bail conditions or perversity in the order granting anticipatory bail, no case for cancellation is made out.
The case arose when the petition was filed under Section 528 of BNSS, 2023/Section 482 of the Code of Criminal Procedure, 1973 r/w Section 483(3) BNSS/Section 439(2) Cr.P.C. seeking cancellation of the order passed by the ASJ-05, New Delhi District, Patiala House Court. The petitioner alleged that an amount of around 6.5 crore was transferred to the account of M/s Mangalam Traders on the basis of false representations and forged documents to export aviation goods and automobile parts and that the amount was subsequently diverted to various beneficiaries’ entities. It was also canvassed that the respondent had received certain amounts from the trail of transactions and that the impugned order had ignored material facts. The status report placed on record the transaction of funds from M/S Mangalam Traders to different entities and stated the respondent had joined the investigation on several dates after the grant of bail.
Hearing the petition, the bench of Justice Neena Bansal Krishna observed that there is a distinction between recall and cancellation of bail and that interference with an order granting bail is warranted only where the order suffers from illegality, perversity, or non-consideration of relevant material.
The Court noted that the ASJ-05 Patiala House Court, while granting bail, had recorded that the respondent had not dealt with the complainant in any manner, was not involved in the transaction whereby Rs. 6 crores were transferred to the account of Mangalam Traders, and was not the first layer beneficiary. It was also observed that the entries in his account were documented.
Holding that the petition seeks a re-application of material already considered by the sessions court and that seriousness of allegations by itself does not furnish a valid ground for recall once bail has been granted after careful judicial scrutiny of the facts. Thus, the court found no merit in the petition and accordingly dismissed the appeal.
Appearances:
Petitioner- Advocate B.K Singh, Advocate Narendra Kumar and Advocate Shattika Haldar.
Respondent – APP Utkarsh for the State with SI Sanjeet Singh
