UDIPT MANI JAIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two bail applications under Sec. 438/439 of Cr.P.C. seeking bail have been moved by the accused in FIR No.261/2018 dtd. 20/12/2018 registered under Ss. 406/420 IPC by the Economic Offences Wing, Delhi.

(2.) Mr. Mohit Mathur, learned senior counsel for the applicants submitted that neither of the two applicants had been arrested in respect of the FIR and that they have duly participated in the investigations. It is further submitted that though the charge-sheet had been filed against the applicant/Manindra Jain, he had not been arrested, whereas the applicant/Udipt Mani Jain had been shown in Column No.12. Both accused were however summoned by the learned Chief Metropolitan Magistrate (for short 'CMM ') vide order dtd. 20/12/2021 directing their appearance on 16/2/2022. Both the applicants appeared on that date and applied for regular bail. The learned CMM, while adjourning the hearing on the regular bail applications, granted interim bail to both the applicants, till these applications were disposed of.

(3.) The learned senior counsel submitted that the hearing on the regular bail applications was concluded on 9/3/2022 and the matter was to be taken up at 3.00 PM on 11/3/2022 for orders. On 11/3/2022, due to a misunderstanding, the accused remained absent, as a result of which the learned CMM did not pronounce the bail orders and rather directed the issuance of Non-Bailable Warrants (for short 'NBWs ') against both the accused with notices to their sureties.