LAWS(SC)-2019-1-234

ASHOK SAXENA Vs. STATE (NCT OF DELHI)

Decided On January 07, 2019
Ashok Saxena Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel appearing for the appellants-complainants and the learned Senior counsel/learned counsel appearing for the respondents at length.

(3.) This appeal was filed by the appellants-complainants seeking to cancel the interim protection granted to Respondent No.2 accused. It appears that Respondent No.2 is a Builder and he has entered into agreements with several prospective purchasers and there are allegations that he has not fulfilled his obligations and cheated the people and cases were filed against him and one of the said cases is First Information Report No.0001 dated 02-01-2015, Police Station 2 Economic Offences Wing, which was registered against the Developer and its Directors including Respondent No.2 under Sections 120B, 406 and 420 of the I.P.C. In the said matter, Respondent No.2 evaded investigation and he was declared a proclaimed offender. Consequently, Respondent No.2 moved bail application before the Additional Sessions Judge, Saket court, New Delhi. Initially, the Additional Sessions Judge, Saket Court granted interim bail which was later on cancelled vide its Order dated 08-03-2018 and the matter is still pending there. Subsequently, order 08-03-2018 was challenged before the High Court of Delhi and the High Court, on 16-03-2018, passed the following order: