K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail

Bail – Special Leave Petition challenging the direction in Bail order for recovery of the allegedly swindled sum (public money) dismissed – Distinguished Ramesh Kumar vs. State of NCT of Delhi reported in (2023) 7 SCC 461 – the petitioner himself obtained the order for deposit of the allegedly swindled sum of Rupees Thirty Lakhs on instalments. After paying the first instalment of Rupees Five Lakhs, he secured bail. Thereafter, he failed to remit the balance sum- While we do appreciate the ratio in Ramesh Kumar (supra), the exception highlighted therein cannot be overlooked. The learned Judge in the said judgment clearly observed that in case of misappropriation of public money, the consideration could be different and the Court should not be averse to putting public money back in the system, if the situation is conducive therefor. This is commended to be in larger interest of the community.

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