Debangana Ray
Published on August 20, 2022 at 23:19 IST
The Bombay High Court stated that just because the offence is economic in nature, that does not mean that bail is to be rejected in every situation.
Justice Bharati Dangre on August 11 granted bail to Vipul Chitalia, former vice president (banking operations) of Gitanjali Group of Companies and an accused in the multi crore Punjab National Bank (PNB) scam involving Mehul Choksi, owner of the group.
The court observed, “while considering the bail applications, it is not only the gravity of the charges that deserves consideration, but punishment that could be imposed after trial and continuation is also an important aspect. It contemplates recalibrating the scales of justice. “
“Incarceration of the accused cannot be treated as synonymous with punishment, and assuming that the accused is prima facie guilty of a grave offence, bail cannot be refused in an indirect process of punishing the accused, before he is convicted of the charge framed against him.”
The court stated that the accused had been imprisoned for 4 years and deserved to be released.