Criminal Procedure Code, 1973
Section 439—Regular Bail—Offence of criminal breach of trust and conspiracy to cheat complainant—FIR registered under Sections 406/420/120B of IPC—Investigation concluded that accused persons, contrary to the terms and conditions of assignment agreement with lenders, did not deposit the receivables in the Escrow Account and misappropriated the same—Evidence is documentary in nature and has already been gathered by prosecution—Charge-sheet has been filed by investigation agency, the investigation, as regards the petitioner, is complete—Veracity of forensic report relied upon by the complainant can only be established during trial—Permanent place of residence of petitioner is Chennai and he carries out business only in India—Passport of petitioner has already been seized by investigating authorities, therefore, the petitioner is unlikely to evade justice—Petitioner is also no longer a director of the borrower company and is hence, unlikely to tamper with evidence or influence any witnesses—Merely the pendency of investigation qua wife of petitioner cannot be the reason for denying bail, particularly when the investigation qua petitioner is already complete and charge-sheet has been filed—Fact that the trial in the matter is likely to take some time and the assurance given on behalf of the petitioner that he shall continue to cooperate in the investigation qua his wife as well, it would not be prudent to keep the petitioner behind bars for an indefinite period—Petitioner has already spent 70 days in custody—Fit case for grant of bail to the petitioner—Application allowed.
[Paras 13 to 19]