Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – Appellant-complainant was awarded contract for constructing road – Four accused were engaged by appellant company as its employees and were assigned responsibility of identifying farmers on the basis of list provided by the governmental authorities and to disburse compensation to them after verifying authenticity of the claim – Appellant filed complaint against the four accused alleging that the accused were involved in fraud of around Rs.5.08 crores by fabricating documents pertaining to the occupants of lands and making nominal payments to villagers – Trial court ordered investigation under s.156(3) of the Code – FIR was registered – All four accused persons were granted anticipatory bail by High Court – Appeal by complainant – Held: Magistrate’s order under s.156(3) was not under challenge before the High Court and had attained finality – High Court was in error in raising a doubt about the correctness of the order under s.156(3) passed by the Magistrate in the course of considering the complaint – Secondly, the position in law as set out in the order of High Court did not accord with the principles consistently enunciated in the context of Chapter XV of the CrPC – High Court, in granting anticipatory bail lost sight of the nature and gravity of the alleged offence – There were serious allegations against the accused persons of a fraudulent misappropriation of amounts intended to be paid to the farmers affected by the work of road widening being undertaken by the complainant – The FIR sets out details of the alleged acts of fraud and misappropriation of funds – Having regard to the seriousness of the allegations, no case for anticipatory bail was made out. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 360 |
Petitioner | M/s. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. |
Respondent | The State Of Maharashtra & Anr. |
SCR | [2021] 7 S.C.R. 226 |
Judgement Date | 2021-07-26 |
Case Number | 680 |
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