Petitioners Entitled to Anticipatory Bail, No Justification to Incarcerate at This Stage – Punjab and Haryana High Court Grants Relief to Chartered Accountants in Financial Fraud Case
In a significant ruling, the Punjab and Haryana High Court today granted anticipatory bail to two chartered accountants implicated in a financial fraud case involving misrepresentation in company balance sheets submitted for bank loans.
Legal Point of the Judgment:
The court assessed the petitions for anticipatory bail under Section 438 of the Criminal Procedure Code in relation to FIR No.RC0052020A0011 under various sections of the Indian Penal Code and the Prevention of Corruption Act. The judgment primarily focused on whether the petitioners were entitled to anticipatory bail considering their cooperation with the investigation and lack of direct evidence linking them to the intentional fraud.
Facts and Issues Arising in the Judgment:
The case involved allegations against Varinder Mohan Singhal and Gagandeep Singhal, both chartered accountants, who were accused of altering classifications in company balance sheets. The Central Bureau of Investigation (CBI) had initially implicated them in the fraud that led to a significant financial loss to the bank. The issues revolved around the appropriateness of granting anticipatory bail and the roles and responsibilities of the petitioners in the alleged fraud.
Detailed Court Assessment:
Role of Accused: The court noted that there was no direct evidence linking the petitioners to intentional fraud. Their roles were analyzed based on their reliance on third-party data for audit reports. It was found that the accusations were primarily based on changes made by another accused under instructions, not directly involving the petitioners in the decision-making or execution of the fraud.
Legal Principles on Bail: The judgment referenced several Supreme Court guidelines on anticipatory bail, emphasizing the lack of prior criminal history of the accused, their cooperation with the investigation, and the non-necessity of their custodial interrogation.
Decision on Bail: The court granted anticipatory bail to the petitioners, considering their roles, the nature of the accusations, and their conduct during the investigation phase. The decision included conditions such as each petitioner securing a bond of ₹50 lacs and surrendering their passports.
Decision of the Judgment:
The High Court concluded that the petitioners were entitled to anticipatory bail. It highlighted their full cooperation during the investigation and the reliance of the case on documentary evidence which had already been furnished to the CBI. The court also imposed conditions to ensure compliance and appearance in future proceedings.
Date of Decision: April 30, 2024
Varinder Mohan Singhal & Anr. Vs. Central Bureau of Investigation
