The Supreme Court has cancelled the bail granted to a couple accused in a cheating case involving more than ₹6 crore and has directed two Delhi judicial officers to undergo special training at the Delhi Judicial Academy. The apex court expressed strong disapproval of the way the bail was handled, noting serious lapses in judicial reasoning and a failure to apply well-established principles of law.
The case arose from a complaint by M/s Netsity Systems Pvt. Ltd., which alleged that the couple duped them of over ₹1.9 crore under the pretext of transferring land. It was later discovered that the property had already been mortgaged or sold to others, and with accumulated interest and damages, the alleged fraud grew to over ₹6 crore.
The couple’s plea for anticipatory bail had been rejected earlier by the Delhi High Court, yet after the filing of the chargesheet, the Additional Chief Metropolitan Magistrate granted them bail in November 2023. This decision was upheld by the Sessions Judge at Karkardooma Courts and later by a Single Judge of the High Court.
The Supreme Court, however, found the reasoning behind these bail orders to be deeply flawed. It rejected the notion that custody automatically becomes unnecessary after the filing of a chargesheet, describing such reasoning as untenable and bordering on perversity.
The Bench also highlighted procedural irregularities, pointing out that the accused had been permitted to leave court without any formal interim release order, which amounted to a serious breach of procedure. The judges emphasized that bail cannot be granted mechanically but requires careful consideration of the seriousness of the allegations, the conduct of the accused, and the larger social impact of the offence.
As a result, the Supreme Court not only cancelled the bail but directed the accused to surrender within two weeks. It also ordered that both the Additional Chief Metropolitan Magistrate and the Sessions Judge undergo a seven-day training programme to strengthen their understanding of bail jurisprudence and proper judicial conduct. In addition, the Court instructed the Delhi Police Commissioner to conduct a departmental inquiry into the investigating officer’s role, citing deficiencies in the investigation.
This decision serves as a reminder that while the principle of personal liberty is fundamental, it must be balanced with responsibility and accountability in the justice system. The ruling underscores the need for greater judicial discipline in handling bail matters, particularly in economic offences that involve calculated deceit and cause widespread harm.
By combining corrective action with preventive measures, the Supreme Court has sent a strong signal that lapses in judicial reasoning and casual approaches to bail will not be tolerated
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