The Bombay High Court has modified the bail conditions of Abhay Lodha, promoter of Topworth Steels and Power Pvt Ltd (TSPPL), ruling that restrictions which unduly limit an individual’s movement can become a form of harassment. The court emphasized that such conditions should not defeat the purpose of bail, especially when the accused is cooperative with legal proceedings.
Lodha, accused of defrauding IDBI Bank of ₹60.28 crore, was initially granted bail on September 10, 2024, under strict conditions that prohibited him from leaving Mumbai without prior court approval. This was to ensure his availability for proceedings before the special Prevention of Money Laundering Act (PMLA) court.
Challenging these terms, Lodha, through his advocate Niranjan Mundargi, filed an interim application citing his work requirements and personal obligations, which necessitate travel across the country. He also highlighted his need to visit his elderly mother in Pune, which was hindered by the bail conditions.
Despite opposition from Special Public Prosecutor Neha Bhide, who argued that Lodha could interfere with the trial or pose a flight risk, Justice Milind N Jadhav of the Bombay High Court found the bail conditions excessively restrictive. Justice Jadhav stated that the primary goal of bail is to ensure the defendant’s presence at the trial, and if this can be secured, the bail should be granted without imposing unnecessary burdens.
The court acknowledged Lodha’s established social ties and responsibilities that require him to travel within India. It termed the necessity for Lodha to repeatedly seek permission from the trial court to visit his ailing mother as “ridiculous,” and removed the requirement for him to obtain travel permissions within the country.
