NEW DELHI: The Delhi High Court recently granted bail to a man held in custody for over two years in a high-profile cheating case. Justice Amit Mahajan ruled that prolonged incarceration without trial violated Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The accused, Sandeep Tilwani, was arrested in 2022 for allegedly cheating a company of Rs 7 crore by issuing fake payment receipts for bulk rice container orders.
Despite the severity of the allegations, the court emphasised that the principles of justice demand a fair balance between the rights of the accused and the requirements of the criminal justice system.
The court observed that charges in the case had yet to be framed, and the prosecution had repeatedly delayed proceedings, seeking adjournments to file a supplementary chargesheet. Tilwani’s last bail plea had been dismissed over a year ago, and the lack of progress in the trial led the court to express concern over the extended delay.
“The applicant has spent more than two years in custody. There is no likelihood of the trial being completed in the near future. In such circumstances, incarceration of the applicant for an endless period on account of non-examination of witnesses falls foul of Article 21 of the Constitution of India,” Justice Mahajan stated in his December 24 order. Tilwani was granted bail on a personal bond of Rs 50 lakh and two sureties of the same amount.
To address concerns of flight risk, the court permitted the prosecution to issue a Look Out Circular against him.
“The law prefers bail over jail,” the court noted, highlighting that while the charges were serious, the indefinite detention of the accused undermined the principles of justice. The purpose of custody, it added, was to ensure the accused’s presence during the trial, which could be achieved through appropriate conditions rather than prolonged imprisonment.
Delhi Police’s Economic Offences Wing accused Tilwani of making 74 bookings for 640 rice containers, valued at Rs 11.2 crore. It was alleged that he issued fake payment receipts after placing the bulk orders, causing a loss of Rs 7 crore to the complainant company. Represented by advocate Utkarsh Singh, Tilwani argued that he was framed and that the complainant filed the FIR due to financial losses.