Bharat Stars Services Pvt Ltd vs Harsh Dev Thakur

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1089 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 4606 OF 2018]

BHARAT STARS SERVICES PVT LTD. Appellant (s)

VERSUS

HARSH DEV THAKUR & ANR. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant has challenged the bail granted to

the first respondent. According to the appellant, it

is a case involving embezzlement to the tune of

Rs.2.78 Crores. The learned counsel has also made

several other submissions with regard to the method

used for embezzlement and how the money has been

transferred in the name of respondent’s wife, her

brother and her father, who are the co-accused and

are absconding.

Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date: 2018.09.01 12:49:59 IST Reason:

3. Be that as it may, the fact remains that

Respondent No. 1 has been in custody since 10th 2

November, 2017. Taking note of the fact that the

court has framed charges by segregating the co-

accused, Respondent No. 1 has been released on bail,

subject to deposit of Rs. 50 Lakhs and other

conditions.

4. The learned counsel appearing for the State

supports the appellant and submits that there is

every likelihood that Respondent No. 1 would also

abscond as and when he is released on bail.

5. Smt. Anjana Prakash, learned senior counsel

appearing for the first respondent, points out that

the entire investigation, as far as the first

respondent is concerned, is complete, the available

properties of the accused and the relatives have been

attached and that the Investigating Officer has taken

into custody the entire documents pertaining to the

case and hence, there is no likelihood of the first

respondent tampering with the evidence. It is also

submitted that being a case mainly revolving around

documentary evidence, there is also no likelihood of

influence on the witnesses. Therefore, it is prayed

that the impugned order may be sustained. It is also

submitted that the first respondent is willing to

deposit his passport so as to ensure that he will not

flee from the country, in addition to other 3

conditions that may be imposed by this Court.

6. Having heard the learned counsel on both sides,

we are of the view that the condition imposed by the

High Court, as per the impugned order, will not be

sufficient in the peculiar facts and circumstances of

the case. The High Court has directed deposit of

Rs.50 Lakhs on the premise that the financial fraud

involved in the case is around Rs. 50 Lakhs. Now

that it has come out that the fraud is more than

Rs.2.75 Crores, we are of the view that some more

stringent conditions should be imposed on the first

respondent.

7. Accordingly, this appeal is disposed of with the

following directions :-

(a) The first respondent shall be released on bail

on furnishing security to the satisfaction of the

trial court for a further amount of Rs. 75 Lakhs, in

addition to Rs. 50 Lakhs deposit, as directed by the

High Court.

(b) He shall deposit his passport with the trial

court forthwith.

(c) He shall also present himself at the

jurisdictional police station once every week. 4

It is made clear that the above conditions are in

addition to the other conditions imposed by the High

Court.

8. It will be open to the appellant to approach the

trial court for withdrawal of the money, subject to

such conditions as may be imposed by the trial court.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ SANJAY KISHAN KAUL ]

New Delhi;

August 28, 2018.