Court emphasizes due process and personal liberty, grants bail to directors implicated in alleged public fund diversion scheme.
In a significant ruling, the Chhattisgarh High Court has granted regular bail to Amit Prabhakar Salunke and another director from Sumeet Facilities Private Limited, who were implicated in a high-profile case involving allegations of economic offences and public fund diversion. The case, registered under FIR No. 0044/2024 by the Economic Offences Wing/Anti-Corruption Bureau (EOW/ACB) in Raipur, involved charges under multiple sections of the Indian Penal Code and the Prevention of Corruption Act.
Justice Amitendra Kishore Prasad presided over the matter, highlighting that the court must balance the gravity of allegations with the necessity of continued custodial detention. The court noted that while economic offences are serious, the investigation in this case had already concluded with the filing of a charge-sheet, and the evidence was predominantly documentary in nature.
The court underscored the applicants' cooperation during the investigation, noting that they were not named in the initial FIR and were arrested only after voluntarily appearing before the authorities. The court found no direct evidence linking them to the alleged conspiracy, nor any requirement for further custodial interrogation.
Significantly, the court referred to precedents set by the Supreme Court, emphasizing that arrest should not be routine and must be justified by necessity. It noted that the applicants’ role was not materially distinguishable from that of co-accused who had already been granted bail.
The court outlined several conditions for the bail, including surrendering passports, not leaving India without permission, and cooperating with the trial process. It also stressed that the observations made were purely for the bail application and should not influence the trial’s outcome.
Bottom line:-
Regular bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under IPC and Prevention of Corruption Act, considering factors like cooperation with investigation, absence of direct evidence, similar bail orders for co-accused, and no necessity for continued custodial detention.
Statutory provision(s):
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 120B of the Indian Penal Code, Sections 7(b) and 8 of the Prevention of Corruption Act, Sections 467, 468, and 471 of the IPC.
Amit Prabhakar Salunke v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2942436
