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by Admin
07 May 2024 2:49 AM
In a recent judgment by the Supreme Court of India, the Bench of Hon'ble Mr. Justice Aniruddha Bose and Hon'ble Ms. Justice Bela M. Trivedi granted interim bail to the appellant, Bimal Ramgopal Agarwal, for the purpose of finalizing accounts under the Companies Act and the Income Tax Act. The judgment, delivered on September 27, 2023, addressed the unique circumstances of the case where the appellant was incarcerated in Sabarmati Central Correctional Home in Ahmedabad and needed to travel to Mumbai for this specific purpose.
The Court observed, "In such circumstances, we grant him interim bail for three days, upon setting aside the impugned order, with the following conditions..." [Para 6(i)-(iv)]. The conditions stipulated that the appellant would be released on interim bail for three days, subject to terms determined by the Trial Court. During this period, he would be escorted by a team of Officers of the Central Bureau of Investigation (C.B.I.) at his own cost, who would accompany him to Mumbai and any place he visited there for the purpose of preparing returns/reports under the aforementioned statutes. Additionally, the appellant was required to make proper arrangements for the accommodation of the CBI team in Mumbai and return to the correctional home after three days.
The judgment not only granted interim bail but also set aside the impugned order and provided a clear framework for the appellant's temporary release. It emphasized the importance of addressing the specific needs of the case while ensuring the proper administration of justice.
This decision highlights the Supreme Court's commitment to delivering justice even in exceptional circumstances, demonstrating the Court's nuanced approach to balancing personal liberty and legal requirements.
Date of Decision: September 27, 2023
BIMAL RAMGOPAL AGARWAL vs THE STATE OF GUJARAT & ORS.