TUSHARBHAI RAJNIKANTBHAI SHAH Vs. KAMAL DAYANI

JUDGEMENT

(1.) The instant petition under Sec. 12 of the Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India has been filed by the petitioner alleging wilful disobedience by the respondents-contemnors of the order dtd. 8/12/2023 passed by this Court in SLP(Crl.) No. 14489 of 2023.

(2.) The petitioner, along with other co-accused, was arraigned as an accused in FIR No. 11210068230266 dtd. 21/7/2023 filed by the contemnor-respondent No. 6 herein(the complainant), with an allegation that the petitioner had received a sum of Rs.1.65 crores in cash from the complainant towards the sale of 15 shops but the possession thereof was not handed over to the complainant despite the assurance given by the accused at the time of entering into an oral agreement.

(3.) The petitioner, apprehending his arrest in connection with the said FIR, sought anticipatory bail from the Sessions Court, which was denied whereafter, an application for anticipatory bail was filed before the High Court, which also came to be rejected. Being aggrieved, the petitioner approached this Court by filing SLP(Crl.) No. 14489 of 2023 seeking anticipatory bail.