Delhi High Court Denies Anticipatory Bail for Nikhil Jain Amid Judicial Concerns
Repeated bail applications dismissed; Court highlights concealment and judicial indiscipline
In a landmark decision, the Delhi High Court, under Justice Girish Kathpalia, has dismissed the anticipatory bail application of Nikhil Jain, involved in a high-stakes fraud case linked to the sale of a fictitious property. The court underscored the lack of significant change in circumstances following previous dismissals by both the High Court and Supreme Court, thus rendering the fresh application untenable.
Nikhil Jain's fifth attempt for anticipatory bail in connection with FIR No. 477/2023 at Prashant Vihar Police Station was rebuffed after Justice Kathpalia pointed out that the applicant had concealed the dismissal of prior applications, including those filed with the Supreme Court. This concealment was deemed a deliberate attempt to mislead the judiciary, constituting a valid reason for denial of bail.
The court's judgment also cast a spotlight on judicial indiscipline and impropriety, as lower courts had granted interim protection to Jain despite the Supreme Court's dismissal of his Special Leave Petitions (SLPs). The court expressed concern over the actions of judicial officers who were aware of the dismissal of previous bail applications yet chose to grant interim relief to the accused.
Justice Kathpalia emphasized that there was no change in circumstances post the Supreme Court's decision, which could justify a fresh bail application. The investigation revealed that the property Jain claimed to have purchased was never allotted, with documents found to be forged. Despite claims of a settlement with a co-accused, the court held that such civil settlements do not affect criminal liability.
The court's decision highlights serious concerns about judicial discipline, noting that both the Magistrate and Sessions Judge had knowledge of the case's history but failed to adhere to judicial propriety. The judgment has been referred to the Delhi High Court's Inspecting Committees and the Commissioner of Police for further action.
The case has brought to light significant issues within the judicial process, emphasizing the need for transparency and adherence to legal standards by all parties involved.
Bottom Line:
Anticipatory bail application dismissed as there was no change in circumstances after previous dismissals, and the applicant concealed the dismissal of prior applications up to the Supreme Court - Judicial indiscipline and concealment by prosecution and investigating officer observed.
Statutory provision(s): Section 438 of the Criminal Procedure Code, 1973
Nikhil Jain v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2783388
