Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Delhi HC Grants Bail in High-Profile Fraud Case Involving Rs 344 Crores

Delhi HC Grants Bail in High-Profile Fraud Case 

Involving Rs 344 Crores


Issue of the Case


The key issue in this case is whether V Hans Prakash, accused in a high-profile fraud involving the alleged transfer of Rs 344 crores worth of mutual funds and securities, is entitled to bail pending trial. The primary concerns include the sufficiency of the evidence, the necessity of custodial detention, and the flight risk of the accused.


Facts of the Case


Background:


The Delhi High Court recently granted bail to V Hans Prakash, who was accused in a significant fraud case involving the fraudulent transfer of mutual funds and securities worth Rs 344 crores held by Dalmia Cements Bharat Ltd. This decision was rendered by Justice Amit Mahajan on August 7.


Details of the Allegation:


- Companies Involved: Dalmia Cements Bharat Ltd, and its subsidiaries OCL India Limited and Dalmia Cement East Ltd, which had mutual fund investments managed by Allied Financial Services Pvt. Ltd (AFSPL).

- Fraudulent Actions: The complaint alleges that Awanish Kumar Mishra, a director at AFSPL, fraudulently manipulated the credentials and forged signatures to transfer mutual fund units valued at Rs 344.07 crores. This resulted in the complainant not receiving the redemption amount requested in December 2018.

- Accused’s Role: V Hans Prakash, the head of business at IL&FS Securities Services Ltd, is accused of facilitating the misuse of the fraudulently transferred mutual fund units.


Legal Proceedings:


- Investigation Status: The investigation into the case is complete, with the charge-sheet and supplementary charge-sheet filed. All incriminating documents have been recovered and are part of the charge-sheet.

- Previous Bail: The main accused, Awanish Kumar Mishra, was granted bail by the High Court on October 25, 2021.

- Petition for Bail: V Hans Prakash was taken into custody after the filing of the charge-sheet on March 14, 2019. He petitioned for regular bail through Advocate Akshay Bhandari, arguing that the investigation was complete, and there was no flight risk as he had not misused interim bail.


Ratio Decidendi


Court’s Findings:


1. Completion of Investigation:

   Justice Amit Mahajan observed that the investigation was complete, and the charge-sheet along with supplementary documents was filed. The recovery of all incriminating documents meant that custodial detention was no longer necessary.


2. Lack of Criminal Record and Flight Risk:

   The Court noted that V Hans Prakash did not have a criminal record, and he was not arrested during the investigation until the charge-sheet was filed. The absence of any misuse of interim bail and the lack of a flight risk supported the decision to grant bail.


3. Comparison with Main Accused:

   The Court also highlighted that the main accused, Awanish Kumar Mishra, who faced serious allegations, had already been granted bail, indicating a consistent approach in handling bail applications for co-accused.


Conclusion:


Justice Mahajan concluded that V Hans Prakash was entitled to bail pending trial, given the circumstances of the case and the completion of the investigation. The Court determined that continued custodial detention would serve no useful purpose and granted bail accordingly, subject to conditions ensuring his appearance for the trial.

Location: Pune, Maharashtra, India

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