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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Komal Chadha – Appellant
Versus
Serious Fraud Investigation Office – Respondent
JUDGMENT
Anup Jairam Bhambhani J.
By way of the present petition under section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) the petitioner, who is accused in CC No.245/2021 titled SFIO vs. Parul Polymers Pvt. Ltd & Ors. pending before the learned Special Judge (Companies Act), Dwarka Courts, New Delhi), seeks regular bail.
2. The petitioner is arraigned as accused No. 3 in the trial court proceedings, among 12 other accused.
3. Notice on this petition was issued on 02.06.2022; consequent whereupon the respondent/Serious Fraud Investigation Office ('SFIO' for short) has filed reply/counter-affidavit dated 10.08.2022 opposing grant of bail.
4. Briefly, the petitioner was summonsed in the matter vide summoning order dated 07.03.2022 made by the learned Special Judge (Companies Act), Dwarka Courts (SW), the essential imputation against the petitioner being that she was director of M/s Parul Polymers Pvt Ltd. (accused No. 1), being the wife of Suman Chadha, who was the other director of the company; and taking cognisance of offences inter-alia under section 447 of the Companies Act, 2013 ('Companies Act' for short).
5. The gravamen of the offences alleged in
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....
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....
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