The Delhi High Court granted bail to a man detained for over two years in a cheating case, citing potential violations of Article 21 of the Constitution. Justice Amit Mahajan emphasized the need for timely trials, noting that endless incarceration is unjust. The court highlighted the importance of balancing the accused’s rights with the justice system’s needs.
New Delhi: The Delhi High Court recently emphasized that “endless incarceration without trial in near future falls foul of Article 21 of the Constitution” while granting bail to a man involved in a 2022 cheating case. Article 21 guarantees the right to life and personal liberty and protects individuals from undue detention.
Justice Amit Mahajan stated that if an accused faces prolonged custody without a timely trial, courts are obligated to grant bail. He said,
“The applicant has spent more than two years in custody. There is no likelihood of the trial being completed in near future. In such circumstances, incarceration of the applicant for an endless period on account of non-examination of witnesses falls foul of Article 21 of the Constitution of India.”
In this case, the accused had been in custody for over two years, and charges were yet to be framed. The prosecution requested repeated adjournments for filing a supplementary chargesheet, and it had been a year since the last bail plea was dismissed.
The court granted the accused bail on a personal bond of Rs 50 lakh with two sureties. The judge reiterated that the law prioritizes bail over jail, aiming to balance the rights of the accused with the needs of the justice system. The court noted,
“Though the offence was serious, long incarceration was a relevant factor.”
Additionally, the court stated that the primary purpose of jail is to ensure the accused’s presence during the trial. Concerns about the accused being a flight risk could be mitigated by imposing conditions, such as allowing the prosecution to issue a look-out circular against him.
The Delhi Police’s Economic Offences Wing arrested Sandeep Tilwani for allegedly cheating a company of Rs 7 crore. He was accused of issuing fake payment receipts after placing bulk orders for rice containers.
Police reported that Tilwani made 74 bookings for 640 rice containers for transportation worth Rs 11.2 crore. However, only Rs 4.2 crore was paid, leaving a deficit of Rs 7 crore.
Tilwani, represented by advocate Utkarsh Singh, claimed he was framed. He argued that the complainant filed the FIR due to financial losses. He stated he was merely a middleman facilitating introductions between importers and freight companies.
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