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M/S Netsity Systems Pvt. Ltd. vs. The State Govt. of NCT of Delhi & Anr.

Not available · 2025 INSC 1181Decided 25 Sept 2025
Not available
Justice Ahsanuddin Amanullah · Justice S.V.N. Bhatti

Background

The appellant company alleged that a husband and wife had taken Rs. 1.9 crore from it on a promise to transfer land, which turned out to be already mortgaged and sold to someone else, and then refused to repay the roughly Rs. 6.25 crore now due with interest. An FIR for cheating was registered in 2018. The accused couple obtained anticipatory bail protection that continued for nearly four years while settlement talks in mediation went nowhere; the Delhi High Court eventually rejected their anticipatory bail in 2023, specifically noting they had misled courts with false undertakings to repay. Despite this, once the chargesheet was filed, a magistrate granted them regular bail, and both the Sessions Court and the Delhi High Court declined to disturb that bail.

Decision Breakdown

The Supreme Court set aside all three orders and directed the accused to surrender within two weeks. It held that the magistrate and Sessions Judge had ignored the accused's documented conduct, including misleading the High Court with a repayment undertaking they never honoured and concealing that their anticipatory bail had already been rejected, and had granted bail based merely on the chargesheet being filed, without weighing the material against them. The Court also flagged serious procedural irregularities, including that the accused appeared to have been released without any formal bail order between hearings, and criticized the High Court for refusing to send the case back to the same judge who had earlier rejected anticipatory bail based on an unrelated technicality about roster changes. The Court additionally directed judicial training for the officers involved and an internal police inquiry into the investigating officers' conduct.

Lesson Learnt

Courts assessing bail must scrutinize an accused person's documented past conduct, such as broken undertakings and concealment of earlier rejected bail applications, and cannot grant bail on autopilot merely because a chargesheet has been filed; in serious economic offences involving large sums, such conduct is highly relevant even at the bail stage.

Official source (sci.gov.in)View Judgment (PDF)

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