* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28^th May, 2025 Pronounced on: 1^st July, 2025 + BAIL APPLN. 1375/2025 & CRL.M.A. 10692/2025 SHANKESH MUTHA ….Petitioner Through: Mr. Gautam Khazanchi, Mr.

Vaibhav Dubey, Mr. Anuj Aggarwal and Mr. Vinayak Chawla, Advocates.

versus UNION OF INDIA & ANR …Respondents Through: Mr. Amit Tiwari, CGSC with Mr.

Chetanya Puri, Mr. Abhigyan Siddhant, Ms. Ayushi Srivastava and Mr. Ayush Tanwar, Advocates for UOI.

Mr. N.K. Matta, SPP with Mr. Siddharth Kaushik and Mohd.

Faizan Khan, Advocates for UOI.

Ms. Anubha Bhardwaj, SPP with Ms. Muskan Narang, Advocate for CBI.

Mr. Rudresh Kumar and Mr. Karan Shankla, Advocates for Complainant.

CORAM:

HON’BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

1. The Petitioner invokes Section 482 read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, “BNSS” (corresponding to Section 438 and 482 of the Code of Criminal Procedure, 1973, “Cr.P.C./Code”, respectively) to assail the order dated 3^rd April, 2025, passed by the Additional Chief Judicial Magistrate-01, Patiala House Court, Delhi in Complaint Case 41367/2024 titled Union of India v. Shankesh Mutha and proceedings emanating therefrom. By the said order, the Petitioner’s application seeking anticipatory bail under Section 482 of the BNSS read with Section 25 of the Extradition Act, 1962, “Extradition Act” was dismissed and the Petitioner was directed to immediately surrender before the Court or before CBI. The present petition therefore seeks (i) setting-aside of the impugned order dated 3^rd April, 2025 and all proceedings emanating therefrom, and (ii) pre-arrest protection pending the extradition proceedings in the said complaint case. 2. Briefly, the facts giving rise to the present petition are summarised as follows:

2.1 The Petitioner, an Indian citizen, joined Flawless Co. Ltd., “the Company”, an entity based out of Bangkok, Thailand, in 2013 in Administration of Foreign Affairs. After completing his tenure of around 8 years, he returned to India. The Petitioner contends that the officials of the company were fully aware that he would return to India after his tenure.

2.2 In June 2021, Flawless Co. Ltd. filed a complaint against the Petitioner in Thailand, alleging that he stole 8 diamonds worth around 15.16 million baht (≈ ₹3.89 crore) and fled to India. The officials of the company contend that the Petitioner misappropriated the diamonds and upon being confronted, he admitted his guilt to the company on 25^th May, 2021, but apprehending arrest, he fled to India on 27^th May, 2021.

2.3 Pursuant to a criminal complaint against him, the Southern Bangkok Criminal Court Thailand issued a warrant for his arrest, and Thai prosecutors commenced the extradition efforts that underpin the ongoing proceedings before the Patiala House Courts, Delhi.

2.4 On 25.09.2024, the Ministry of External Affairs, Government of India passed an order informing that the Kingdom of Thailand had made a request for the extradition of the Petitioner and thus, as per the provisions of the Extradition Act, the Additional Chief Judicial Magistrate-01, Patiala House Court, Delhi, “Magistrate” was notified as the Magistrate Court to conduct an inquiry into the extradition request and determine whether a prima facie case was made out against the Petitioner.

2.5 Pursuant thereto, Respondent No. 1 filed an application under Section 5 of the Act seeking issuance of warrants against the Petitioner and enclosing therewith, the order passed by the Government of India, Thai extradition request along with Thai arrest warrant, complaint, and supporting dossier.

2.6 By order dated 3^rd October, 2024, the Magistrate issued Non- Bailable Warrants against the Petitioner, through CBI Interpol and listed the matter on 12^th December, 2024 for further proceedings. On the said date, the Petitioner appeared voluntarily before the Magistrate and filed an application for cancellation of Non-Bailable Warrants and grant of anticipatory bail. He urged that, although Se