Volume 2 Issue 7

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The charge sheet is filed and cognisance is not taken, do the remand orders become illegal?: The Bombay High Court

Date of News: 

20-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281516

Name of the Author: 

Tiasha Sinha Ray

Field of Law: 

Criminal Law

Content of News:

The Bombay High Court will decide whether the remand order become illegal after the charge sheet is filed but before talking cognisance. As a result, it will consider if further detention of the accused will be illegal, giving him the right to be released. On 19th January, Justice Revati Mohite Dere was hearing an application for revocation of remand which raised the above statement of law in the IL and FS fraud case being investigated by the Serious Fraud Investigation Office (SFIO). Prime accused Hari Sankaran has filed the petition under section 482 of the CRPC, alleging that his continued detention is illegal because the special court did not take cognisance of the charge sheet filed in the case even after two years. The lawsuit relates to alleged misconduct in the Infrastructure Leasing and Financial Services (IL&FS) and its subsidiaries under various sections of the Companies Act. The allegation is that the defendants abused, their position, violating regulatory terms for the loss of the company and its creditors in the process of providing loans to non-banking finance companies. The proper interpretation of section 309(2) of the CRPC is the main challenge of the plea. According to Hiten Venegavkar, Special Public Prosecutor for SFIO, the period between the filing of the charge sheet and taking cognisance is a form of investigation and therefore fits perfectly with 309(2). The court concluded the hearing of the appeal on 19th January and allowed the accused to file a written submission by 24th January.

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