Case Note & Summary
The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. No. 86 of 2019 registered on 30/09/2019 for alleged economic offences. The first bail application (Bail Application No. 800 of 2022) was rejected on merits by the Bombay High Court on 21/02/2023. The court reproduced the earlier order, which detailed the gravity of the accusations involving cheating and criminal breach of trust. The applicant argued for bail, but the court found no change in circumstances since the first rejection. The court emphasized the serious nature of the economic offence and dismissed the second bail application, noting that the applicant's role as a director in fraudulent transactions was established. The judgment was delivered by Justice M. S. Karnik on 01/02/2024.
Headnote
A) Criminal Procedure Code - Bail - Second Bail Application - Change in Circumstances - The court held that a second bail application can be considered only if there is a material change in circumstances after the rejection of the first application. No such change was shown. (Paras 1-2)
B) Criminal Law - Economic Offence - Gravity of Offence - The court noted the serious nature of the economic offence involving large-scale cheating and criminal breach of trust, and declined bail. (Para 2)
Issue of Consideration
Whether the applicant is entitled to bail in a serious economic offence case, and whether there is any change in circumstances since the rejection of the first bail application.
Final Decision
Bail Application No. 2362 of 2023 is dismissed.
Law Points
- Bail
- Economic Offence
- Change in Circumstances
- Second Bail Application
- Gravity of Offence
- Section 439 CrPC
Case Details
2024 LawText (BOM) (02) 103
Bail Application No. 2362 of 2023
Mr. Ashok Mundargi, Senior Advocate a/w Mr. Subir Sarkar i/b Foram Vora, for the Applicant; Mr. S. H. Yadav, APP for the State
Waryam Singh Kartar Singh
The State of Maharashtra and anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal bail application in an economic offence case
Remedy Sought
Applicant sought bail in C.R. No. 86 of 2019
Filing Reason
Applicant was accused of serious economic offences including cheating and criminal breach of trust
Previous Decisions
First bail application (Bail Application No. 800 of 2022) was rejected on merits on 21/02/2023
Issues
Whether there is any change in circumstances warranting grant of bail after rejection of first bail application
Whether the gravity of the economic offence precludes bail
Submissions/Arguments
Applicant argued for bail through Senior Advocate Mr. Ashok Mundargi
State opposed bail through APP Mr. S. H. Yadav
Ratio Decidendi
A second bail application can be entertained only if there is a material change in circumstances after the rejection of the first application. No such change was shown. The gravity of the economic offence is a relevant factor in denying bail.
Judgment Excerpts
This is a second application for bail by the applicant... The earlier application being Bail Application No. 800 of 2022 was rejected on merits by this Court vide order dated 21/02/2023.
Having regard to the gravity of the accusations against the applicant... it is expedient to reproduce the earlier order dated 21/02/2023 for ease of reference and to appreciate the magnitude of this serious economic offence alleged.
Procedural History
First bail application (Bail Application No. 800 of 2022) was rejected on merits on 21/02/2023. The present second bail application (Bail Application No. 2362 of 2023) was filed and heard on 01/02/2024.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 439
