RASHMEE SEENGAL Vs. STATE

JUDGEMENT

(1.) The present application has been filed by the petitioner seeking bail under Sec. 439 of the Code of Criminal Procedure, 1898. The petitioner had earlier filed a bail application bearing No. 1655/2022 before this court, impugning the order dtd. 18/5/2022 passed by the ld. Sessions Judge declining the bail of the petitioner. During the course of proceedings in bail application no. 1655/2022, vide an order dtd. 2/6/2022, this Court had directed the petitioner to pay a sum of Rs.3.00 crores to the complainant i.e. HSBC Bank. The aforesaid direction had been issued on account of willingness shown by the petitioner herself. Even the timeline for making the payment had been decided with the consent of the petitioner.

(2.) However, the petitioner subsequently approached the Court seeking waiver of the directions imposed in the order dtd. 2/6/2022. Eventually, the petitioner sought permission to withdraw the bail application altogether.

(3.) It is submitted by the learned counsel for the petitioner that the order dtd. 2/6/2022 had been passed based on the willingness shown by the petitioner to pay money to the complainant and not on merits of the case. It is stated that the petitioner has the right to have her bail application decided on merits and thus, the present fresh bail application has been filed.