Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail- Grant of - Challenge to - Corporate scam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail- Grant of - Challenge to - Corporate scam - Fudging of the Company accounts and manipulation of records by Chairman, M.D. and other Directors of a Company which were certified by the auditors - Huge financial loss to shareholders - Complaint against Chairman, Directors and Auditors of the Company- Entrustment of investigation to CBI. Grant of bail to two co-accused-A4 and A-10, external and internal auditors of the Company by the High Court - Justification of - Held: Not justified - A-4 and A -10 being external and internal auditors of the company respectively, played a paramount role in inflating processing assets and bank balances of the Company - High Court erred in granting bail to A4 and A 10, by placing reliance on the bail order granted in favour of A5 since the roles ascribed to A4 and A5 were not identical - Also, the bail granted in favour of all the main accused had been cancelled by Supreme Court and directions were issued, on basis of which the trial has to be concluded within the schedule time - In the facts and circumstances of the case and in view of the magnitude of the scam, the High Court erred in granting bail to A4 and A 10 - Order of the High Court granting bail in favour of A4 and A10 set aside. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 326 |
Petitioner | Cbi, Hyderabad |
Respondent | Subramani Gopalakrishnan & Anr. |
SCR | [2011] 5 S.C.R. 824 |
Judgement Date | 2011-04-21 |
Case Number | 985 |
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