STATE Vs. SHRI DINESH DALMIA

JUDGEMENT

(1.) THIS petition has been filed by the prosecution seeking to set aside the order passed by the learned Additional Chief Metropolitan Magistrate, Egmore granting bail to the first accused/respondent for the following reasons:

(2.) THE learned Additional Chief Metropolitan Magistrate granted bail for the reasons:

(3.) THE learned Senior Counsel I.Subramaniam appearing for the respondent/first accused submitted that accused was not absconding. In the usual course of business, he left to United States of America in December 2003. No notice was served and he had no knowledge about the case. With regard to Red Corner notice, his counsel in United States were constantly in touch with Interpol Officials. He returned to India in order to comply with conditional order dated 8.12.2005 passed by the Securities Appellate Tribunal. Even on 3.2.2005, 2.5 Crores was paid. On his return, he was arrested on 12.2.2006. THE learned Senior Counsel also submitted that absence of entry in Passport should not lead to a conclusion that he did not use passport for his return. THE respondent has no other passport except one which is handed over to C.B.I. For an exit from U.S.A., no entry is made in passport and no visa is required for entering Nepal and accused travelled on road from Nepal to India. THE learned Senior counsel further submitted that the respondent returned to India only on his own volition and he has not committed wire fraud and money laundering in U.S.A., and the indictment came to be filed against him only in September, 2006 which is long after his return to India. It was further added that accused is not responsible for delay in commencement of trial. Only statement of witnesses were filed and documents were not filed copies were not made ready. THE learned Senior Counsel vehemently contended that a person should not be detained by way of punishment and question is whether he would be available for trial. An affidavit of respondent's wife was filed stating that she is also willing to deposit her passport and her child is studying in Chennai and there is no possibility of her husband leaving them and absconding. THE learned Senior Counsel also submitted that once bail is granted, it should not be ordinarily cancelled and there is no relevant factor in this case for cancellation.