New Delhi, July 1 A Delhi court on Friday directed the Central Bureau of Investigation (CBI) to withdraw a look out circular (LOC) that was issued against an accused in a bank fraud case. Thecourtruled that there was no valid justification to maintain the circularagainsttheaccused, Mahendra Kumar Sharda.
Chief Metropolitan Magistrate Mahima Rai Singh granted the accused's application tocanceltheLOCand dismissed theCBI's argument that individuals involved in economic offenses tend to flee the country, adversely affecting investigations and the economy.
The judge observed that the charge sheet had already been filed in thecaseand theaccused had been granted bail on September 19, 2022.Thecourt noted that there was no evidence to suggest that the accusedposed a flight risk or had any intention of evading trial by leaving the country.
Furthermore, theaccusedhad not evaded arrest, appeared before the trialcourtas required, and had obtainedcourtpermission to travel abroad, which he did not misuse.
Given these circumstances, the judge concluded that there was no valid reason to maintain theLOCagainstSharda.
The judge also directed theaccusedto inform thecourtin advance if he planned to travel abroad during the ongoingcase, providing details of his itinerary, place of stay, and contact information.
Theaccusedargued in the application that he had cooperated with the investigation and that the charge sheet had been filedagainsthim without his arrest. He also emphasised that he had been granted bail after appearing in response tocourtsummons.
TheCBIopposed the application, asserting that the allegationsagainsttheaccusedwere serious and that theLOCwasissuedto ensure his presence during the investigation and trial.
TheCBIfurther argued that if theaccusedwere to flee the country, his extradition would be a cumbersome and costly process.
According to theCBI, theaccusedindividuals conspired to manipulate and falsify the financial records of Holystar Infrastructure Pvt Ltd, their company, and submitted these records to IDBIBankto obtain a loan.
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