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SWARANA KANTA SHARMA
Taranjeet Singh Bagga @ Sonu Singh – Appellant
Versus
Serious Fraud Investigation Office – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The present bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") by the applicant seeking regular bail in C.C. No. 245 of 2021 titled "Special Fraud Investigation Office v. Parul Polymers Pvt. Ltd. & Ors." pending before the learned Special Judge (Companies Act), Dwarka Court, South-West, New Delhi (hereinafter "Trial Court") for the offence punishable under Section 447 of the Companies Act, 2013 (hereinafter "Companies Act").
2. The present applicant was summoned in the instant case by virtue of summoning order dated 07.03.2022 vide which cognizance of offences inter-alia under section 447 of the Companies Act, 2013 was taken by the Court concerned in C.C. No. 245 of 2021, wherein present applicant was arraigned as accused no. 10, among 12 accused persons. The applicant was summoned to appear on 25.05.2022, and upon entering his appearance, he was sent to judicial custody by the learned Trial Court. Subsequently, his application for grant of regular bail was dismissed by the learned Trial Court vide order dated 14.07.2022.
3. The background of the present complaint against Parul Polymer
The main legal point established in the judgment is that an accused, who was not arrested during the investigation and for whom the investigating agency does not require custody, does not need to fil....
Economic offence allegations do not automatically justify remand; court must consider specific evidence of risk before denying bail, particularly for women under the Companies Act.
Twin-conditions in section 212(6) of the Companies Act would not apply to a case where the accused has never been arrested even till the stage of cognisance, and appears against summons issued by the....
An accused declared a proclaimed offender is generally not entitled to anticipatory bail; however, they may surrender before the trial court to request the recall of the proclamation and non-bailable....
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