Bombay HC grants bail to ‘conman’ Sukesh Chandrashekhar in 2015 cheating case

On July 4, a single-judge bench of Justice Manish M Pitale noted that Chandrashekhar has undergone over seven years and ten months incarceration, which is more than the maximum period of sentence that can be imposed on him in the said case if he is convicted, therefore he should be released forthwith.

Advocate Vikram Sutaria, representing Chandrashekhar, submitted that the maximum sentence that can be imposed upon the applicant, even if he is convicted for the offences registered against him, is seven years. He has remained behind bars already for a period of about seven years and ten months and therefore, the court shall release him on bail, argued Sutaria.

The plea stated that after being arrested on May 29, 2015, Chandrashekhar’s bail plea was rejected by the high court prompting him to approach the Supreme Court. On September 10, 2016, the Supreme Court had released the applicant on condition of depositing certain amounts. However, the bail was cancelled by the Supreme Court due to failure on part of the applicant to comply with the conditions.

The lawyer submitted that Chandrashekhar was arrested in Delhi on April 16, 2017, and since then, he continued to remain behind bars. The special court designated under Maharashtra Protection of Interest of Depositors (MPID) Act rejected his bail plea on July 31, 2020.

The special court noted that the applicant was arrested and behind the bars in connection with the case pending at Delhi and that he was not formally taken into custody in the present case. Sutaria argued that ‘hyper-technical approach’ adopted by special court was not sustainable.

“Considering the second period of incarceration as starting from 09.10.2017 and adding the same to the earlier period of incarceration between May 29, 2015, and September 10, 2016, the total period of incarceration suffered by the applicant is about seven years and ten months. It is certainly more than the maximum period of sentence that can be imposed upon the applicant, even if he is convicted for the offences registered under the subject FIR,” Justice Pitale noted and granted bail to Chandrashekhar in the EOW case.

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