“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs
1 year ago

“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs

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The Bombay High Court has granted bail to Hari Sankaran, prime accused in the high-profile Rs. Sankaran, the former Vice Chairman and Managing Director of IL&FS Financial Services Ltd., was arrested on April 1, 2019, by the Serious Fraud Investigation Office for offenses punishable under Sections 447 of the Companies Act, 2013, and Sections 417, 420 read with 120B of the Indian Penal Code. The court observed that continuing his detention would increase the risk of cardiac death and frustrate the very object of Article 21 of the Constitution, which guarantees the right to life and personal liberty. In case, detention of the applicant is continued in judicial custody, perhaps it would increase a risk of cardiac death in view of the medical reports placed on record.” Justice Chavan relied heavily on several Supreme Court judgments, including Union of India vs. K.A. Therefore, irrespective of the merits and demerits of the case, as well as the embargo under Section 212 of the Companies Act of 2013, the court granted Sankaran bail.

History of this topic

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