SC: Conditions while granting bail should be stringent enough to prevent absconding.

BHARAT STARS SERVICES PVT LTD. V HARSH DEV THAKUR & ANR CRIMINAL APPEAL NO(S). 1089 OF 2018 Decided on 28/08/2018 BENCH: A two-judge bench of the Apex Court decided this case, headed by:

• Justice KURIAN JOSEPH
• Justice SANJAY KISHAN KAUL

FACTS: This case involved embezzlement to the tune of Rs.2.78 Crores. Several other submissions were submitted with regard to the method used for embezzlement and how the money had been transferred in the name of respondent’s wife, her brother and her father, who are the co-accused and are absconding. The court had framed charges by segregating the co-accused, Respondent No. 1 had been released on bail, subject to deposit of Rs. 50 Lakhs as a security and other conditions. CONTENTIONS OF THE APPELLANTS: The appellant challenged the bail granted to the first respondent.

1. That there was likelihood that Respondent No. 1 would also abscond as and when he was released on bail.
2. The amount deposited i.e., 50 Lakhs as a security at the High Court is a very small amount as compared to the fraud amount of Rs. 2.75 Crores and would not help in stopping the respondent from absconding.

OBSERVATIONS OF THE COURT: The Supreme Court observed that the conditions imposed by the High Court, as per the impugned order, would not be sufficient in this case. The High Court had directed deposit of Rs.50 Lakhs on the premise that the financial fraud involved in the case is around Rs. 50 Lakhs. Later it had come out that the fraud was more than Rs.2.75 Crores, which is much more than the security amount and would not be a strong reason to abstain him from absconding. Therefore, some more stringent conditions needed to be imposed on the first respondent. CONCLUSION: The Court disposed the appeal with the following directions in addition to the other conditions imposed by the High Court:- (a) The first respondent shall be released on bail on furnishing security to the satisfaction of the trial court for a further amount of Rs. 75 Lakhs, in addition to Rs. 50 Lakhs deposit, as directed by the High Court. (b) He shall deposit his passport with the trial court forthwith. (c) He shall also present himself at the jurisdictional police station once every week. And appellant was made free to approach the trial court for withdrawal of the money, subject to such conditions as may be imposed by the trial court.