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BELA M. TRIVEDI, PRASANNA B. VARALE
Serious Fraud Investigation Office – Appellant
Versus
Aditya Sarda – Respondent
JUDGMENT :
BELA M. TRIVEDI, J.
1. Leave granted.
2. This batch of sixteen Appeals being interconnected with each other and arising out of the proceedings being CIS No. COMA/5/2019 pending before the Special Judge, Gurugram, are being decided by this common judgment.
3. In these cases, there is a brazen attempt made on the part of the respondents-accused to stall the criminal proceedings initiated against them, in respect of the serious economic offences allegedly committed by them, by not respecting the summons/warrants issued by the Special Court from time to time and thereby causing obstruction in the administration of justice. A few basic common facts necessary for deciding the present appeals may be stated as under:-
(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....
Anticipatory bail in economic offences requires stringent scrutiny; the petitioner failed to demonstrate immunity from liability under the Companies Act due to involvement in falsified financial stat....
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....
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