SC grants anticipatory bail to surgeon, slams HC for conviction-like orders
22/02/2025
NEW DELHI, Feb 21: The Supreme Court on Friday granted anticipatory bail to a practising surgeon while strongly criticizing the Delhi High Court's approach in denying him protection from arrest, stating that its order resembled a "conviction order."
A Bench of Justice Surya Kant and Justice N Kotiswar Singh issued notice to the respondent authorities and granted the petitioner interim protection from arrest.
During the hearing, Justice Surya Kant expressed serious disapproval of the Delhi High Court's practice of delivering 30-40 page orders while disposing of anticipatory bail pleas, which he said effectively prejudged the case.
"What's happening in Delhi HC is something disgusting. The High Court, while disposing of anticipatory bail, writes 30-40 pages, essentially directing the trial court towards conviction. This is nothing short of a conviction order," Justice Kant remarked.
The case involves a practising surgeon who, along with his mother, was accused of criminal breach of trust, cheating, forgery, and conspiracy in connection with an alleged financial fraud.
In a 34-page order, the Delhi High Court had denied them anticipatory bail, stating that the allegations were grave and amounted to a well-orchestrated financial fraud.
The HC had observed: "The accused, who are members of the same family-father, mother, son, and daughter-in-law-conspired to siphon off and misappropriate the complainant company's funds. Such economic offences are serious and must be viewed with utmost seriousness."
Further, the Delhi High Court had noted the possibility of the accused shielding each other, making custodial interrogation necessary.
Challenging the High Court's order, the petitioner moved the Supreme Court.
Senior Advocate Siddharth Luthra, appearing for the petitioner, argued that the latter's father was the one managing the firm in question, while the petitioner and his mother were merely proxies.
The father had already been granted bail after seven months of custody.
Despite joining the investigation five times, the High Court denied bail to the petitioner, equating him with his father.
On a specific query by the Supreme Court, Luthra informed that the chargesheet in the case had already been filed.
The matter will now proceed before the Supreme Court for further hearing.
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