NDLI: Centrum Financial Services Limited Vs. State of Nct of Delhi and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – ss.409 468 467 420 471 and 120B Bail –Non-consideration of relevant factors– Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Bail –Non-consideration of relevant factors– Penal Code, 1860 – ss.409, 420, 467, 468, 471 and 120B –Commercial transaction – Respondent no.2-accused granted bail by High Court– Correctness of – On appeal, held:While releasing Respondent no.2 on bail, the High Court has not at all considered the relevant factors including the nature and gravity of accusation;serious allegations of siphoning off the huge amount, the modus operandi and the manner in which the offences were committed through shell companies and creating false/forged documents and/or misusing documents of the employees and showing them as Directors of the fake and shell companies –High Court has also not taken into consideration the status report filed by the I.O. detailing how systematically the accused have committed the offence and misappropriated the huge sum through shell companies – High Court did not exercise the jurisdiction judiciously and granted the bail mechanically by observing that the case arises out of a commercial transaction – Impugned order set aside – Respondent no.2 to surrender. Bail – Cancellation of – Duty of appellate court – Plea of accused that after being released on bail there are no allegations of misusing the liberty and thus the bail may not be cancelled – Held: There is no absolute proposition of law that once the bail is granted by the High Court, in absence of any allegation of misuse of liberty and/or breach of any of the conditions of the bail, the bail cannot be set aside when grant of bail is itself subject matter of challenge in appeal/revision – Rejection of bail in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different basis and that very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail already granted – Thus, on very cogent and overwhelming circumstances the bail can be cancelled –Where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail – Appellate Court is thus required to consider whether the order granting bail suffers from a non-application of mind or a prima facie view from the evidence available on record.Bail – Grant of – Relevant factors to be considered – Discussed.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 115
Petitioner	Centrum Financial Services Limited
Respondent	State Of Nct Of Delhi And Anr.
SCR	[2022] 8 S.C.R. 19
Judgement Date	2022-01-28
Case Number	94

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Centrum Financial Services Limited Vs. State of Nct of Delhi and Anr.

Please Log-in to view this content

Ram Narain Popli Vs. Central Bureau of Investigation

A. Srinivasulu Vs. The State Rep. By The Inspector of Police

Prabha Mathur & Anr. Vs. Pramod Aggarwal & Ors.

Teesta Atul Setalvad Vs. State of Gujarat

S. Mohan Vs. Central Bureau of Investigation

Mayank N Shah Vs. State of Gujarat & Anr.

Subhash Harnarayanji Laddha Vs. State of Maharashtra

Amritlal Ratilal Mehta & Anr. Vs. State of Gujarat

Inderjit Singh and Ors. Etc. Vs. State of Punjab and Ors.

Centrum Financial Services Limited Vs. State of Nct of Delhi and Anr.

Centrum Financial Services Limited Vs. State of Nct of Delhi and Anr.

Please Log-in to view this content

Similar Documents

Ram Narain Popli Vs. Central Bureau of Investigation

A. Srinivasulu Vs. The State Rep. By The Inspector of Police

Prabha Mathur & Anr. Vs. Pramod Aggarwal & Ors.

Teesta Atul Setalvad Vs. State of Gujarat

S. Mohan Vs. Central Bureau of Investigation

Mayank N Shah Vs. State of Gujarat & Anr.

Subhash Harnarayanji Laddha Vs. State of Maharashtra

Amritlal Ratilal Mehta & Anr. Vs. State of Gujarat

Inderjit Singh and Ors. Etc. Vs. State of Punjab and Ors.

Centrum Financial Services Limited Vs. State of Nct of Delhi and Anr.