Balancing an accused’s right to personal liberty with the interests of cyber-crime victims, the Punjab and Haryana High Court has paved the way for the release of Rs 4.60 lakh — allegedly forming part of crime proceeds — to affected parties.
The Bench directed the accused to first deposit the amount as a condition for bail and granted the investigating officer the liberty to release the same to the victims.
The order came on a petition filed by the accused arrested in a case registered by the Chandigarh’s Cyber Crime police station under provisions of the Bharatiya Nyaya Sanhita.
According to the prosecution, Rs 4.60 lakh and another Rs 18,000, allegedly arising out of a cyber crime, were credited to the petitioner’s bank account, with the larger amount subsequently withdrawn. During the hearing, the petitioner informed the court that he had already returned Rs 18,000 and was willing to deposit the remaining Rs 4.60 lakh with the investigating officer within a week.
Accepting the undertaking, Justice Jagmohan Bansal directed that the amount be deposited as a condition for grant of bail. The court observed that the investigating officer would be at liberty to release the deposited amount to the complainant and other affected parties.
“On deposit of aforesaid amount, the petitioner shall be released on bail subject to conditions as may be imposed…” Justice Bansal observed.
The ruling assumes significance as it seeks to accommodate two competing concerns often arising in financial and cyber-crime cases — safeguarding the interests of victims while protecting the constitutional right to liberty of an accused awaiting trial.
“As the prosecution has right to arrest, investigate the matter and restrain an accused from manipulating or winning over witnesses, similarly the accused in view of Article 21 of the Constitution of India has the right to defend himself and put forth his stand which cannot be possible while in custody,” Justice Bansal asserted.
