Chandra Kochhar: Why did Chanda Kochhar get bail, which rule was violated by the court? – Chandra Kochhar: Why Did Chanda Kochhar Get Bail, Which Rule Was Violated By The Court?

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Kochhar couple

Kochhar couple
– Photo: Amar Ujala

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The Bombay High Court has granted bail to former ICICI Bank CEO Chanda Kochhar and her businessman-husband Deepak Kochhar, jailed in a 3250 crore fraud case. The court has ordered bail while hearing the petition challenging the arrest. During this, the court said, ‘The arrest of the Kochhar couple is not in accordance with the order of Section 41A of the CrPC’.

On December 24 last year, the CBI had summoned the Kochhars for questioning in connection with the 2012 Videocon Group fraud case. Accusing Chanda Kochhar and Deepak Kochhar, the CBI had said that both were not answering the questions properly as well as not cooperating in the investigation. After which both were taken into custody.

Advocate Rohan Dakshin argued on behalf of the Kochhar couple in the court. He said the court granted him bail on the ground that the arrest was illegal. Chanda and Deepak appeared before the CBI in compliance of the notice issued under Section 41A. Under this, if a person appears, he cannot be arrested unless it is found that he is tampering with the evidence.

In such a situation, the question arises that what is the section 41A of CrPC that is being talked about? What did the Bombay High Court say in this matter? Let’s understand…

first know the whole matter
In the year 2012, ICICI Bank gave a loan of 3,250 crores to Videocon Group. Then the CEO of the bank was Chanda Kochhar. After the loan was given, it became a non-performing asset (NPA) and later it was declared a bank fraud. Chanda Kochhar’s husband Deepak Kochhar was arrested by the Enforcement Directorate (ED) in September 2020. It is alleged that in lieu of the loan, the Videocon group gave benefits to Chanda’s husband Deepak’s company. When this matter came to light, Chanda had to resign from the bank in the year 2018. On December 24, the CBI called Chanda Kochhar for questioning and after that she was also arrested. The Kochhar couple had approached the court against this arrest.

What is Section-41A of CrPC?
In fact, Section 41 of the CrPC enumerates the circumstances under which a police officer may arrest a person without a magisterial order or warrant, while Section 41A mainly deals with the circumstances in which a police officer may arrest a person. Gives notice instead of doing. The police officer shall, in all cases in which the arrest of any person is not necessary under the provisions of sub-section (1) of section 41, send a notice to the accused or suspect to appear before him. It also states against whom the police will send notices.

  • Appropriate complaint has been lodged against that person.
  • Reliable information has been received against him.
  • There is a reasonable suspicion of his having committed a serious offence.

This section, apart from giving this direction to the police, also gives three directions to the accused…

1. It shall be the duty of the person to whom the notice is sent by the police, to comply with what is said in the notice.
2. If the person obeys the instructions of the notice and appears before the police, then the police will not arrest him in the matter of complaint or suspicion. However, if the police feel that it is necessary to arrest them, they can arrest the person by giving their reasons in writing.
3. If the person does not comply with the instructions of the notice and refuses to appear before the police, the police can arrest him by issuing an arrest warrant from the court.

So what did the court say in the case of Chanda Kochhar?
The Bombay High Court, while hearing the case of Chanda Kochhar’s arrest, held it wrong. The court said that when the accused is appearing for questioning under Section 41-A of CrPC, it is wrong to arrest without any concrete reason. The court said, ‘The arrest of the Kochhar couple is not in accordance with the order of Section 41A of the CrPC.’

Expansion

The Bombay High Court has granted bail to former ICICI Bank CEO Chanda Kochhar and her businessman-husband Deepak Kochhar, jailed in a 3250 crore fraud case. The court has ordered bail while hearing the petition challenging the arrest. During this, the court said, ‘The arrest of the Kochhar couple is not in accordance with the order of Section 41A of the CrPC’.

On December 24 last year, the CBI had summoned the Kochhars for questioning in connection with the 2012 Videocon Group fraud case. Accusing Chanda Kochhar and Deepak Kochhar, the CBI had said that both were not answering the questions properly as well as not cooperating in the investigation. After which both were taken into custody.

Advocate Rohan Dakshin argued on behalf of the Kochhar couple in the court. He said the court granted him bail on the ground that the arrest was illegal. Chanda and Deepak appeared before the CBI in compliance of the notice issued under Section 41A. Under this, if a person appears, he cannot be arrested unless it is found that he is tampering with the evidence.

In such a situation, the question arises that what is the section 41A of CrPC that is being talked about? What did the Bombay High Court say in this matter? Let’s understand…