MUKESH MODI Vs. SFIO

JUDGEMENT

(1.) This order of mine shall dispose of two petitions bearing CRM-M No. 20688 of 2019 titled as "Mukesh Modi v. SFIO and another" and CRM-M No. 20691 of 2019 titled as "Rahul Modi v. SFIO and another" filed under sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail.

(2.) The petitioners stated to have been summoned on multiple occasions to join investigation for providing necessary information Thereafter, the petitioners were arrested on 10/12/2018 and produced before Judicial Magistrate First Class, Gurugram, wherein, SFIO, vide application dtd. 11/12/2018, sought their remand and the Presiding Officer, granted three days' police custody till 14/12/2018.

(3.) It is a matter of record that the petitioners preferred respective writ petitions bearing WP(Criminal) No. 3842 and 3843 of 2018 under Article 226/227 of the Constitution of India read with sec. 482 of Cr.P.C, 1973 before the High Court of Delhi, seeking declaration of their arrest to be illegal and void. Delhi High Court, vide common order dtd. 20/12/2018, held the order of arrest to be without jurisdiction, unlawful and illegal and noticing that the petitioners were cooperating with the investigation, granted interim relief while imposing various conditions including the embargo on their leaving the territorial jurisdiction of National Capital Region without permission. On 21/12/2018, the trial Court released the petitioners on bail