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2023 Supreme(Del) 4254

AMIT SHARMA
Arun Kumar Aggarwal – Appellant
Versus
Serious Fraud Investigation Office – Respondent


Advocates appeared:
Mr. Arvind K. Nigam, Senior Advocate with Mr. Abhir Datt, Mr. Manu Padalia, Mr. Bhanu Sanoriya and Mr. Rohit Hooda, Advocates, for the Applicant.
Mr. Ripu Daman Bhardwaj, CGSC, with Mr. Kushagra Kumar, GP, Mr. Nitin Agnihotri, Prosecutor SFIO, Mr. Shriram & Mr. Salman, Advocates, for the Respondent.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') read with Section 212(6) of the Companies Act, 2013 seeks grant of regular bail in Complaint Case No. 374/2022 titled Serious Fraud Investigation Office v. Bhushan Airways Services Pvt. Ltd. & Ors., registered under Section 120B read with Sections 417 and 420 of Indian Penal Code (`IPC'), Section 36(c) read with Section 447 of the Companies Act, 2013 (`Companies Act'); Sections 129 and 448 read with Section 447, and Sections 211 and 628 of the Companies Act, 1956, pending before the Court of the learned Additional Sessions Judge-03/Special Judge (Companies Act), Dwarka Courts, New Delhi.

Background

2. The Ministry of Corporate Affairs, Government of India (`MCA'), in exercise of its powers conferred under Section 212(1)(c) of the Companies Act, assigned the investigation into the affairs of Bhushan Power and Steel Ltd. (`BPSL'), its ten group companies and Bhushan Steel Limited (`BSL') with its two group companies to Serious Fraud Investigation Office (`SFIO'), vide order F. No. 5/5/2016/CL-II dated 03.05.2016.

3. The Director, SFIO, appointed officers of the SFIO

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