Tuesday, September 28, 2021
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Supreme Court to consider fraud accused’s bail plea once he deposits Rs 30 lakh in complainant’s account

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The Supreme Court has asked a man to deposit Rs 30 lakh in the account of the complainant as a condition for considering his bail application, the accused is booked for a fraud of more than rs 1.3 Crore. (NILESH UMESHBHAI KUMAR Versus THE STATE OF GUJARAT).

On Friday, the bench of Justice Hemant Gupta and Justice Aniruddha Bose heard the plea of Nilesh Umeshbhai Kumar agreeing to deposit the amount of Rs 30 lakhs if enlarged on interim bail. The Bench ordered that Kumar undertook to pay Rs 10 lakh per month to the account of the complainant and shall deposit Rs 30 lakh for April, May, June before July 12, 2021 and listed the matter for further proceedings on July 19. Kumar has been languishing in judicial custody for the past 3 years and 2 months.

The Bench directed Kumar to deposit such an amount before the trial court. Purvis, the advocate for the petitioner, prayed for granting interim bail. The Bench noted the fact that Kumar had already withdrawn the petition before the Gujarat High Court to which his counsel apprised the bench that it was withdrawn as simpliciter in 2020, since it was a case triable by magistrate.

Read Also: Supreme Court rejects pre-arrest bail to woman accused of running ponzi scheme

The Bench said it would consider the point of bail once the amount is deposited. Kumar had sought regular bail before the Apex Court against the order of Gujarat High Court.

He had prayed before the High Court of Gujarat that he is ready and willing to pay the amount of Rs 1,37,10,025 in monthly instalments of Rs 10 lakh. He withdrew the bail petition after the charge-sheet was filed before the co-ordinate of the Bench. The High Court observed, while rejecting the bail petition that such statement made at the bar can never be considered to be changed in circumstances and therefore, the applicant has only option to obtain the verdict of innocence or involvement in the offence by following due process of law. 

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