LAWS(DLH)-2019-10-222

PREM KUMAR AGGARWAL Vs. SERIOUS FRAUD INVESTIGATION OFFICE

Decided On October 23, 2019
Prem Kumar Aggarwal Appellant
V/S
SERIOUS FRAUD INVESTIGATION OFFICE Respondents

JUDGEMENT

(1.) Vide this order, I shall dispose of an application filed by the petitioner Prem Kumar Aggarwal seeking anticipatory bail in the event of arrest in Complaint case no. 770/2019, titled SFIO v. Bhushan steel Ltd. & Ors." Pending in the Court of Ms. Neelam Singh, Ld. ASJ Special Judge (Companies Act), Dwarka Courts, New Delhi for offences under Section 36(C), 89,90,128,129, 229, 447, 448 of the Companies Act, 2013, Sections 209, 211 read with 628 of the Companies Act, 1956, and sections 409,467,468,471 read with 120-B of the Indian Penal Code, 1860.

(2.) Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is 65 years old. The complaint is pending in the court of Ms. Neelam Singh, Ld. ASJ/Special Judge (Companies Act). As stated above, the offences alleged in the said complaint against the petitioner are under Section 128, 129, 447, 448 of the Companies Act, 2013, Section 209, 211 read with 628 of the Companies Act, 1956, and Section 467, 468, 471 read with Section 120-B IPC. It is further submitted that petitioner is suffering from following serious ailments-

(3.) The petitioner is under continuous medical observation treatment and follow ups with Dr. K.K.Sethi at Delhi Heart and Lungs Institute Super Specialty Hospital, New Delhi. Besides this, the petitioner in respect of his cancer treatment is undergoing regular Chemotherapy. The petitioner is praying for bail since the offences are non-bailable in nature. It is further stated that Designated Court of Ld. Sessions Court has issued NBWs against the petitioner vide order dated 14.08.2019 despite the fact that no summons were received by the petitioner. The petitioner has apprehension of his arrest pursuant to the issuance of NBWs issued against him and the next date of hearing is 11.11.2019.