VidhiSangh

Supreme Court of India · 28/08/2024

MANIK MADHUKAR SARVE & ORS. versus VITTHAL DAMUJI MEHER & ORS.

[2024] 8 S.C.R. 753 · 2024 INSC 636

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Summary

The Supreme Court cancelled bail granted by the High Court to an alleged co-conspirator in a large credit co-operative society fraud under the IPC and the Maharashtra Protection of Interest of Depositors Act. The High Court ignored material in the charge-sheet and forensic audit linking him to about Rs. 9 crore withdrawn from the society, made unwarranted prima facie remarks on conspiracy, overlooked the harm to small depositors, and imposed only routine conditions.

Issues

  1. Whether the High Court properly exercised its discretion under Section 439(1) CrPC in granting bail to respondent no. 1 in an economic offence affecting a large number of depositors.
  2. On what basis a superior court may set aside an order granting bail, as distinct from cancelling bail for supervening circumstances.

Provisions considered

Held

Result

Appeal allowed. The High Court's bail order of 13.10.2021 was set aside and respondent no. 1 directed to surrender within three weeks. He was given liberty to seek bail later or on a change of circumstances, and the authorities were directed to provide appropriate medical care. The trial court is to proceed uninfluenced by the observations.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 753.