Bail order and judicial discipline: fresh relief obtained after withdrawing proceedings was stayed for breaching court control.

A fresh bail order obtained from the Magistrate after withdrawing proceedings before the High Court was treated as a breach of judicial discipline and an to defeat the Court's continuing control over the proceedings. The Court noted that the earlier bail condition requiring personal deposit of funds had not been met by the accused, since the money in the Registry came from monetisation of company assets, and it referred to the earlier findings on forensic audit and alleged siphoning. On that basis, the bail order was stayed, notice was issued, and the accused were directed to surrender pending further orders.

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Issues: Whether the order granting bail could be interfered with and stayed on the ground that it was obtained in breach of the earlier conditions imposed by the Court and amounted to overreach of its control over the proceedings.

Analysis: The Court noted that the earlier bail order had required the accused personally to deposit Rs. 750 crores by 31 December 2017, whereas the amount in the Registry had come from monetisation of the company's assets and not from compliance by the accused. It also noted the earlier findings regarding the forensic audit, alleged siphoning of funds, and the continuing supervision exercised by the Court over the matter. In that backdrop, the Court held that obtaining a fresh bail order from the Magistrate after withdrawing proceedings before the High Court was a breach of judicial discipline and an attempt to defeat the control being exercised by the Court.

Conclusion: The bail order was stayed, notice was issued to the accused, and they were directed to surrender pending further orders.

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