Criminal Procedure Code, 1973
Section 439—Bail—Economic offence—FIR registered under Section 120B/409/420/477A of the IPC read with Section 13(2) & 13(1)(d) of Prevention of Corruption Act—Case of the CBI is that petitioner was heading and controlling two real estate companies and siphoned the money, whereas case of petitioner is that these companies were actually controlled and managed by others—Court at the stage of bail cannot enter into meticulous examination of the case nor can the stage of bail be converted into a mini trial—Court at this stage only has to take a prima facie view and cannot enter into the meticulous examination of facts—Further investigation in present case is still continuing and it may take a long time to conclude the investigation and trial—Even if allegations are one of grave economic offence, it is not a rule that bail should be denied in every case since there is no such bar created in the relevant enactment passed by legislature nor does the bail jurisprudence provide so—In view of totality of facts and circumstances of case and taking prima face view of matter and on grounds of parity, the petitioner is held to be entitled to be admitted to bail—Application allowed.
[Paras 83 to 85]