The Ld. District & Sessions Judge, South East has refused to grant bail to the accused Shivinder Mohan Singh u/s 439 of Cr.P.C. in the chargesheet filed by Economic Offence Wing of Delhi Police in case FIR No.50/19. This is the second bail application made by the accused while the first was made before filing of the chargesheet which was also dismissed in December 2019.
FIR No. 50/19 was registered by Economic Offence Wing of Delhi Police on 27.03.2019 on the complaint of Manpreet Singh Suri, Authorised Representative of Religare Finvest Limited against the said accused and 3 others u/s 409/420/120B of IPC.
Ld. Sr. Advocate Mr. N. Hariharan appearing for the applicant/accused submitted that since all the evidence was documentary in nature and has been seized there arises no possibility of the accused trying to temper any evidence. The accused is entitled to a reasonable opportunity to defend himself during the trial which he will be able to do only if he is on bail. Keeping the accused in custody indefinitely will amount to violation of his fundamental right guaranteed under Article 21 of the Constitution of India. It was also pointed out by the Ld. Sr. Advocate that the accused has been granted regular bail by this court in FIR No. 189/19. Furthermore, it was also argued that, appropriate conditions may be imposed in the bail order to prevent the accused from leaving the country.
Ld. Addl.PP, Mr. L.D. Singh, for State argued on the basis of reply filed by the IO and submitted that huge financial fraud has been committed in this case and hence, accused is not entitled for bail.
Ld. Sr. Mr. Mohit Mathur, for complainant in his submissions pointed out that the applicant/accused has flouted orders of the Supreme Court for which he was hauled up by the Hon'ble Apex Court in contempt petition and hence an inference of possibility of him repeating the same can't be overruled. He also submitted that since the further investigation is in progress, releasing the accused at this stage on bail may hamper further investigation.
The Ld. District & Sessions Judge after considering the gravity and seriousness of the allegations, role attributed to the accused being on a higher pedestal as compared to the co-accused, the magnitude of amount involved in particular as well as the possibility of accused tampering with evidence and influencing witnesses, has dismissed the bail application of the accused.
Mr. L.D.Singh, Addl. Public Prosecutor appeared for the State with IO Inspr. Sanjeev Dhodi.
Sr. Advocate Mr. N. Hariharan, with Mr. Shri Singh, Ms. Maneka Khanna and Mr. Abhishek, appeared as the counsels for accused Shivinder Mohan Singh.
Sr. Advocate Mr. Mohit Mathur, with Ms. Surbhi Sharma, appeared as the counsels for complainant.
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