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DINESH KUMAR SHARMA
Serious Fraud Investigation Office Through Senior Assistant Dir. Sh Rajesh Dahiya – Appellant
Versus
Aarti Singhal – Respondent
JUDGMENT
Dinesh Kumar Sharma, J.
Overview
1. Present petition under section 482 Cr.P.C. has been moved on behalf of the petitioner SFIO seeking to impugn and set aside the order dated 28.03.2022 passed by the Ld. ASJ-03, Spl. Judge (Companies Act), Dwarka, New Delhi. Vide the impugned order, Ld. Spl. Judge, has granted regular bail to the respondent/accused herein, namely Aarti Singhal in the case titled SFIO v. Bhushan Power & Steels Ltd. with respect to offence under Section 447 Companies Act, 2013, investigated by SFIO.
2. Ld. Spl. Judge has enlarged the respondent/accused on bail taking into account salient factors namely the beneficial proviso contained under Section 212 (6) Companies Act, 2013; the role attributed to the respondent/accused in the said fraud; as three major functionaries of the company have been granted interim protection by the Hon'ble Apex Court in another ED matter pertaining to same/similar allegations which is still subsisting. Ld. Spl. Judge thus while opining that since the offence is by and large documented and there is no likelihood that the respondent/accused would flee from justice or evade trial, held that no purpose would be served in keeping the
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.
The High Court ruled that bail cannot be granted without satisfying the stringent conditions of Section 212(6) of the Companies Act, emphasizing the necessity of compliance with statutory requirement....
Bail – Ordinarily, superior courts should not interfere in an order of bail, however, in the event of such an order prima facie emitting smell of arbitrariness or illegality, its validity can be test....
(1) Anticipatory bail – Anticipatory bail should not be granted as a matter of routine, particularly in serious economic offences, involving large scale fraud, public money or complex financial crime....
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....
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