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Criminal LawSupreme Court of India

Bharat Stars Services Pvt Ltd v. Harsh Dev Thakur

Criminal Appeal · 2018 INSC 755Decided 28 Aug 2018
Criminal Appeal No. 1089 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant company challenged a High Court order granting bail to the first respondent, who had been in custody since November 2017 in connection with an alleged embezzlement of Rs. 2.78 crores, with proceeds allegedly funnelled through relatives who remained absconding as co-accused. The High Court had released the respondent on bail on deposit of Rs. 50 lakhs, a figure based on an earlier, lower estimate of the fraud amount.

Decision Breakdown

The Supreme Court heard both sides: the appellant and the State argued the bail conditions were too lenient given the true scale of the fraud (over Rs. 2.75 crores), while the respondent's counsel pointed out that the investigation was complete, documentary evidence had already been seized, and there was little risk of evidence-tampering or witness influence. The Court agreed that the original Rs. 50 lakh condition was insufficient given the actual size of the fraud, and disposed of the appeal by directing the respondent to furnish an additional Rs. 75 lakhs security (on top of the existing Rs. 50 lakhs), surrender his passport to the trial court, and report weekly to the jurisdictional police station, with all other High Court conditions remaining in force.

Lesson Learnt

An appellate court reviewing a bail order will not necessarily cancel bail outright even where the scale of an alleged fraud turns out to be larger than first assessed: it can instead tighten the financial security and movement-restriction conditions to match the true gravity of the allegations while still allowing release.

Bharat Stars Services Pvt Ltd v. Harsh Dev Thakur – Legal Case Shots | LegalAware