Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

High Court of Delhi Grants Bail in High-Profile Amrapali Group Fraud Case - Key Director Released After Years in Custody

07 May 2024 8:19 AM

By: Admin


In a significant ruling that underscores the primacy of personal liberty, the Delhi High Court today granted bail to a director of the beleaguered Amrapali Group, involved in a major real estate scandal. The judgment, delivered by Hon’ble Mr. Justice Amit Bansal, emphasized the principle that “bail is the rule and jail is an exception”, highlighting the judiciary’s stance on the balance between personal liberty and the demands of justice.

The Court’s decision comes in the wake of allegations of fraud, cheating, and criminal breach of trust against the directors of the Amrapali Group, related to their residential projects. The Court observed that despite the gravity of the accusations, the lack of specific allegations against the applicant in financial matters and the documentary nature of the evidence reduced the risk of evidence tampering.

Justice Bansal, in his judgment, noted, “The right to speedy trial and justice has been recognized as a fundamental right,” citing the Supreme Court’s judgment in Sanjay Chandra v. CBI. This observation was pivotal in deciding the bail application, reflecting the court’s approach towards ensuring timely justice.

The applicant had been in judicial custody since October 2018, and the Court acknowledged his cooperative behavior during the investigation process. The decision to grant bail also took into account the substantial amount already recovered from the applicant and his family, in compliance with a Supreme Court order.

This ruling is expected to set a precedent in cases involving corporate fraud, with the judiciary reaffirming its commitment to uphold personal liberties, even as it navigates the complexities of white-collar crime. The decision has been met with mixed reactions, sparking discussions on the legal processes surrounding economic offenses in India.

 Date of Decision: 17 November, 2023

AJAY KUMAR VS STATE NCT OF DELHI                          

Latest Legal News