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2023 Supreme(Del) 515

ANUP JAIRAM BHAMBHANI
Ashish Mittal – Appellant
Versus
Serious Fraud Investigation Office – Respondent


Advocate Appeared:
For the Appellant :Mr. N. Hariharan, Mr. Tanveer Ahmed Mir, Mr. Shikhar Sharma, Mr. Kartik Venu, Mr. Punya Rekha Angara, Mr. Prateek Bhalla and Mr. Mohammed Qasim, Advocates.
For the Respondent:Mr. Ajay Digpaul, CGSC for SFIO with Mr. Arib Ansari, prosecuter for SFIO, Mr. Harvinder IO for SFIO alongwith Ms. Shivani Sharma, Ms. Ikshita Singh, Mr. Kamal Digpaul and Ms. Swati Kwatra, Advocates.

JUDGMENT :

Anup Jairam Bhambhani, J.

By way of the present petition filed under section 439 of the Criminal Procedure Code, 1973 (‘Cr.P.C.’ for short) read with section 212(6) of the Companies Act, 2013, the petitioner seeks regular bail in criminal complaint case bearing Ct. Case No. 990/2022 filed by the respondent/Serious Fraud Investigation Office (‘SFIO’ for short). The criminal complaint alleges offences under sections 420/120B of the Penal Code, 1860 (‘IPC’ for short), sections 211/628/227/233 of the Companies Act, 1956 (‘1956 Act’ for short) and sections 129/447/448 of the Companies Act, 2013 (‘2013 Act’ for short).

2. Notice on this petition was issued on 25.01.2023; whereupon reply has been filed by the SFIO by way of counter affidavit dated 03.02.2023. Both parties have also filed their respective written submissions in the matter.

3. The court has heard Mr. N. Hariharan, learned senior counsel and Mr. Tanveer Ahmed Mir, learned counsel on behalf of the petitioner. The court has also heard Mr. Ajay Digpaul, learned Central Government Standing Counsel on behalf of the SFIO.

BRIEF OVERVIEW

4. M/s. Educomp Solutions Ltd. (‘ESL’ for short) was incorporated in the year 1994. One Sh

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