SUJAY U. DESAI Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) Heard Mr. Anurag Khanna, learned Senior Counsel assisted by Mr. Kartikeya Saran, Ms. Gunjan Jadwani and Mr. Amar Gahlot, learned counsel for the applicant and Mr. S.P. Singh, learned Solicitor General of India assisted by Mr. Manoj Kumar Singh, learned counsel for the respondent.

(2.) This bail application under Sec. 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Sessions Trial No.577 of 2020 (Serious Fraud Investigation Officer vs. Rotomac Global Pvt. Limited and 68 others) arising from Complaint filed under Sec. 212 (14) of the Companies Act, 2013 in respect of offences under Ss. 36(c) r/w/s. 447, 448 of the Companies Act, 2013 and Sec. 211 r/w/s 628 of the Companies Act, 1956.

(3.) It transpires from the record that initially the applicant moved an interim bail application before the Apex Court by filing Writ Petition (Criminal) No.126 of 2020, which came to be disposed of directing the applicant to approach this Court by filing bail application and, thereafter, the applicant approached this Court by filing bail application under Sec. 439 Cr.P.C. being Criminal Misc Bail Application No.12047 of 2020, which came to be disposed of by order dated 05/05/2020 whereby the prayer for interim bail of the applicant was rejected and liberty was granted to the applicant to move regular bail application. However, in the meantime, the order dated 05/05/2020 has also been challenged by the applicant before the Apex Court by filing SLP Criminal No.2393 of 2020, which came to be disposed of vide order dated 28/05/2020 as not maintainable and liberty was granted to the applicant to file a regular bail application. Hence, the present bail application has been filed seeking regular bail under Sec. 439 Cr.P.C. read with Sec. 212(6) of the Companies Act, before this Court.