Regular bail in cheating and breach of trust case granted after completion of investigation and prolonged custody.

Regular bail was granted under Section 439 CrPC in a prosecution for cheating, criminal breach of trust and criminal conspiracy because the investigation was complete, the challan had been filed, charges had been framed and no prosecution witness had been examined. The Court noted that the petitioner had been in custody for over 11 months, the offence was triable by a Magistrate, and continued detention was not shown to be necessary for further investigation. Relying on the settled principle that pre-trial custody is to secure attendance at trial and not to punish, the Court held the case fit for release on bail.

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Issues: Whether the petitioner was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of cheating, criminal breach of trust and criminal conspiracy.

Analysis: The charges had crystallised to offences under Sections 406, 420 and 120-B of the Indian Penal Code, the investigation was complete, the challan had been presented and charges had been framed. The petitioner had remained in custody for more than 11 months, the offence was triable by the Magistrate and no prosecution witness had yet been examined. The Court also noted that the complainants had already pursued recovery proceedings as operational creditors in insolvency proceedings, and that continued incarceration was not shown to be necessary for any further investigative purpose. Applying the settled principles that bail is to secure attendance at trial and that pre-trial detention is not to be used punitively, the Court found the case fit for release on bail.

Conclusion: The petitioner was held entitled to regular bail.

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