DIPAK SHUBHASHCHANDRA MEHTA versus C.B.I. AND ANR.

DIPAK SHUBHASHCHANDRA MEHTA versus C.B.I. AND ANR.

Appellant entitled to bail due to prolonged detention, inability to commence trial, health condition, and having no necessity for continued custody, subject to stringent conditions to safeguard investigative interests.

Parties
Appellant: Dipak Shubhashchandra Mehta; Respondent: C.B.I. and another
Jurisdiction
India
Judgment Date
10 February 2012
Procedural Posture
Criminal Appeal / Appeal Against High Court's Rejection of Bail
Outcome
Appeal disposed of; bail granted.
Legal Topics
Bail, Detention, Delay in Trial, Article 21 of Constitution, Economic Offences
Criminal Law Constitutional Law Bail Detention Delay in Trial Article 21 of Constitution Economic Offences

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Parties

Dipak Shubhashchandra Mehta

Appellant

C.B.I. and another

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court's Rejection of Bail

Legal Issues

  1. 1 Whether appellant is entitled to regular bail due to delay in trial and precarious health condition
  2. 2 Whether detention of undertrial for indefinite period violates Article 21

Ratio Decidendi

Appellant entitled to bail due to prolonged detention, inability to commence trial, health condition, and having no necessity for continued custody, subject to stringent conditions to safeguard investigative interests.

Court Disposition

Appeal disposed of; bail granted.

Orders

  • Appellant to be released on bail on executing bond with two solvent sureties of Rs. 5 lakhs each to satisfaction of Special Judge, CBI, Ahmedabad.
  • Appellant not to induce, threaten or promise any person acquainted with case facts.