2022 (7) TMI 583

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....tava and Mr. Shriram Tiwary, Advs. for SFIO. JASMEET SINGH, J (ORAL) CRL.M.A. 12890/2022 in BAIL APPLN. 2053/2022, CRL. M.A. 12892 in BAIL APPPLN. 2055/2022 and CRL. M.A. 12893 in BAIL APPLN. 2056/2022. Exemption allowed, subject to all just exceptions. The application stands disposed of. BAIL APPLN. 2053/2022, BAIL APPLN. 2055/2022 and BAIL APPLN. 2056/2022 1. These are applications under Section 439 Cr.P.C filed on behalf of accused Nos. A-195 - Ashok Kumar Makhija, A-193 - Mithilesh Kumar Jha and A-194 - Ravinder Kumar Nagpal (hereafter accused persons shall be referred to as 'A-195', 'A-193' and 'A-194' respectively) for grant of bail in respect of offences committed under Sections 447 of the Companies and under Sectio....

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....accused, Nittin Johari, ex-promoter of BSL in the same case was granted bail in the matter, Vijay Madanlal Chaudhary & Ors. v. Union of India & Ors. Dated 18.08.2021[MANU/SCOR/25854/2021]. c. Additionally, the same summoning order dated 16.08.2019 has been quashed by a coordinate bench of this court against Dr. Rajesh Kumar Yaduvanshi, who was a Nominee Director appointed PNB on the board of BSL. [Dr. Rajesh Kumar Yaduvanshi v. SFIO, CRL. REV.P. No. 1308 of 2019 vide order dated 21.09.2020]. d. Co-accused, Mr. Pankaj Mahajan who is also a practicing Chartered Accountant at the firm, M/s. A.C. Gupta & Associates is also admitted on bail by a coordinate bench of this court in BAIL APPLN No. 1813 of 2022 titled Pankaj Mahajan....

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....the applicant. d. The summoning order was issued on 16.08.2019 and the Applicants had not been arrested till 04.07.2022 without there being any protection in favour of the Applicants. There is also no reason shown for seeking judicial custody of the Applicants. 9. Since the applicants have already retired and similarly situated persons have already been granted bail, especially, the main accused Nitin Johri and Neeraj Singhal, therefore, the applicants also need to be enlarged on bail. 10. As regards the legal embargo of Section 212(6), I am of the view that Sub-section-(i) has duly been complied with, as the Public Prosecutor (Ld. CGSC) has been given a chance to oppose the bail applications. I am prima facie of the view tha....