ANUP JAIRAM BHAMBHANI
Ashish Mittal – Appellant
Versus
Serious Fraud Investigation Office – Respondent
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
Ranjitsing Brahmajeetsingh Sharma v. State of Maharashtra, (2005) 5 SCC 294 at paras 36-38
Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 at paras 6-8, 10
Bai Hira Devi v. Official Assignee of Bombay, AIR 1958 SC 448 at paras 4
Prabhakar Tewari v. State of UP
Mehboob Dawood Shaikh v. State of Maharashtra
Serious Fraud Investigation Office v. Nittin Johari
Union of India v. Rattan Mallik @ Habul
Narcotics Control Buraeu v. Kishan Lal
Collector of Customs, New Delhi v. Ahmadalieva Nodira
Satpal Singh v. State of Punjab
Maneka Gandhi v. Union of India &
Sahara India Real Estate Corp Ltd v. SEBI
Noor Aga v. State of Punjab &, (2008) 16 SCC 417 at paras 58
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