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2022 (2) TMI 257
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....s 120-B, 406, 417, 418, 420 & 477A IPC and Sections 211(7), 227 & 628 of the Companies Act, 1956 as well as Sections 74(3), 147, 447 & 447 of the Companies Act, 2013 (for short "the Act of 2013") and pending in the Court of learned Sessions Judge, Gurugram. 2. Shorn and short of unnecessary details, the facts, culminating in the filing of the subject Complaint Case, are that in pursuance of the orders issued by the Ministry of Corporate Affairs (for short "the MCA") on 20.06.2018 and 25.02.2019 in the public interest, the investigation was conducted into the affairs of Adarsh Group of Companies and LLPs (for short "AGC&L") and on completion of the same, the respondent submitted its report to the MCA. On the basis of this report, the above-....
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....ng the investigation proceedings, the respondent did not arrest the petitioner and rather, she was arrested in connection with the above-said Complaint Case in pursuance of the order Annexure P-2 as passed by the Court below for taking the cognizance against her whereas in the afore-discussed eventuality, she was entitled to be released on bail on her putting in appearance/being produced before the trial Court. To buttress his contentions, he has placed reliance upon the observations made by the Apex Court in Aman Preet Singh vs C.B.I. Through Director, Criminal Appeal No.929 of 2021 (Arising out of SLP (Crl.) No.5234/2021) Decided on 02.09.2021 and Siddharth vs The State of Uttar Pradesh & Anr, Criminal Appeal No.838 of 2021 (Arising out o....
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....bail like NDPS (Section 37), PMLA (Section 45), UAPA [Section 43-D(5)] and Companies Act [Section 212(6)] etc. in Category 'C' and has observed that "on appearance of the accused in the Court pursuant to the process issued in the cases falling under the said Category, the bail application is to be decided on merits with the additional condition of compliance of the provisions of bail contained in the Special Act". These observations clinch the entire matter and in the light of the same, the observations, as made by Hon'ble Supreme Court earlier in Aman Preet (supra) and Siddharth (supra), are of no help to the petitioner to seek the relief of regular bail. 8. Learned Senior counsel for the petitioner has further conteneded that....
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.... woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence referred to this subsection except upon a complaint in writing made by- (i) the Director, Serious Fraud Investigation Office; or (ii) any officer of the Central Government authorised, by a general or special order in writing in this behalf by that Government." From the bare reading of the afore-said provisions, it becomes explicit that the word used in the above-quoted proviso is "may" which itself leads to an irresistible inference qua the intent of the Legislature to vest the Court concerned with the discretion to extend or deny the relief of bail to an offender of ....
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....in pre-requisites, as envisaged under Section 212(6) of the Act of 2013, so as to extend the relief of bail to her. 12. Learned Senior counsel for the petitioner has also contended that the petitioner has been granted the relief of interim bail by the Rajasthan High Court in another case vide the order dated 20.12.2019 (Annexure P-3) which has been extended vide the order dated 25.08.2021 as passed in D.B Civil Writ Petition No.4134 of 2021 titled as "Rahul Modi and Others vs. State of Rajasthan through PP" and even, her co-accused Vijay Shukla has also been granted the interim protection by the Apex Court in "Vijay Shukla vs. Serious Fraud Investigation Office" Petition(s) for Special Leave to Appeal (Crl.) No.(s) 6338 of 2021 and moreove....
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....ince the said date, in itself, does not suffice at all to extend the relief of bail to her in the eventuality when Section 212(6) of the Act of 2013 is applicable to the present case as discussed earlier. 14. The observations made by Hon'ble Supreme Court in Union of India (supra), Shri Gurbaksh Singh Sibbia and Others (supra) and Sanjay Chandra (supra) also do not come to the rescue of the petitioner to seek her release on bail because the facts and circumstances of the case in hand are distinguishable from those of the cited above. In Union of India (supra), the Apex Court was dealing with the issue of "cancellation of bail" in a matter involving Section 43-D(5) of the UAP Act and had, rather, observed that there was a vivid distinction ....