Rashmee Seengal vs State Through Eow And Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1166

SWARANA KANTA SHARMA
Rashmee Seengal – Appellant
Versus
State Through Eow And Another – Respondent

Advocates appeared:
Mr Jayant Bhushan, Sr. Advocate with Mr Raman Gandhi, Mr Tushar Bhushan & Mr Amartya Bhushan, Advocates, for the Petitioner; Mr Manoj Pant, APP, for the State; Mr Amol Sharma, Ms Jagriti Ahuja & Mr Tushar Sahu, Advocates, for the Respondents No. 2

JUDGMENT

Swarana Kanta Sharma, J. - The present application has been filed by the petitioner seeking bail under Section 439 of the Code of Criminal Procedure, 1898. The petitioner had earlier filed a bail application bearing No. 1655/2022 before this court, impugning the order dated 18.05.2022 passed by

the ld. Sessions Judge declining the bail of the petitioner. During the course of proceedings in bail application no. 1655/2022, vide an order dated 02.06.2022, this Court had directed the petitioner to pay a sum of Rs. 3 crores to the complainant i.e. HSBC Bank. The aforesaid direction had been issued on account of willingness shown by the petitioner herself. Even the timeline for making the payment had been decided with the consent of the petitioner.

2. However, the petitioner subsequently approached the Court seeking waiver of the directions imposed in the order dated 02.06.2022. Eventually, the petitioner sought permission to withdraw the bail application altogether.

3. It is submitted by the learned counsel for the petitioner that the order dated 02.06.2022 had been passed based on the willingness shown by the petitioner to pay money to the complainant and not on merits of the case