NITTIN JOHARI Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) This bail application is filed by the petitioner Nittin Johari u/s. 439 CrPC r.w. Section 212(6) of the Companies Act, 2013 in complaint case No. 502/2019 arising out of case No. 5/5/2016/CL-II dated 03.05.2016 and file no. SFIO/INV/BPS/2016/480-494 at Serious Fraud Investigation Office.

(2.) Ld. Counsel for the petitioner has submitted that petitioner has been arraigned as an accused in the complaint filed against 284 accused persons under Sections 439(2) r/w Section 436(1)(a), (d) and (2) r/w Section 212 of the Companies Act, 2013 r/w Section 621(1) of the Companies Act, 1956 r/w Section 193 Cr.P.C. Ld. Sr. Counsel has submitted that the applicant was taken into custody on 02.05.2019 and is in JC since then. He is the only accused currently in judicial custody in the instant case out of the 284 accused persons. Petitioner had joined Bhushan Steel Ltd. (hereinafter referred to as ,,BSL) in 1995 as an Assistant General Manager and was thereafter promoted to the post of Chief Financial Officer in 2014. In February 2018, petitioner had resigned from BSL.

(3.) Ld. Sr. Counsel has submitted that the petitioner has fully cooperated with SFIO in the investigation and supplied all the documents and information as and when required. On 02.05.2019, SFIO had summoned the petitioner via telephone and arrested him without any justification or reasons. The petitioner was produced before the Ld. Duty M.M., Patiala House Courts and was remanded to SFIO custody for two days which was thereafter extended from time to time. On 08.05.2019, the petitioner was remanded to judicial custody which has also been extended from time to time by the Ld. Special Judge, Dwarka Courts. The interim bail application of petitioner was allowed by the Honble High Court on the medical ground of his mother. However, the first regular bail application of the petitioner was dismissed by the Ld. Special Judge on 06.06.2019. Thereafter charge-sheet was filed before the Ld. Special Judge on