2022 (5) TMI 1617 - SC - Indian Laws

Seeking grant of interim bail - bail sought on the ground that the sister of the petitioner is suffering from cancer and the petitioner's mother in law is suffering from non-alcholic liver cirrhosis requiring the spouse of the petitioner to travel from Kanpur to Delhi leaving no one in the family to attend to the needs of the petitioner's sister - HELD THAT - It is considered appropriate to direct that the petitioner shall be released on interim bail for a period of four weeks, subject to such terms and conditions as may be imposed by the trial court. The period of bail shall commence immediately upon the release of the petitioner and after the expiry of which the petitioner shall surrender forthwith. The application for interim bail is disposed of.

Summary

Issues: Alleged violation of Section 447 of the Companies Act 2013, Interim bail application, Health conditions of family members, Release on interim bail, Proceedings for remaining accused, Listing of main proceedings

Alleged violation of Section 447 of the Companies Act 2013:
The judgment pertains to a complaint alleging a violation of Section 447 of the Companies Act 2013. The Supreme Court directed the SFIO to inform the Court, through an affidavit, about the steps taken to serve summons on the remaining accused who are yet to appear. The case involves a total of 69 accused, comprising 41 companies and 28 individuals.

Interim bail application:
The petitioner, who has been in custody since March 19, 2020, filed an application seeking interim bail. The senior counsel representing the petitioner highlighted two grounds for the bail request - the petitioner's sister suffering from cancer and the petitioner's mother-in-law having non-alcoholic liver cirrhosis, necessitating the petitioner's spouse to travel from Kanpur to Delhi, leaving no one to care for the petitioner's sister.

Health conditions of family members:
The petitioner's plea for interim bail was primarily based on the critical health conditions of family members, emphasizing the need for the petitioner's presence to attend to their medical needs. The Court considered these circumstances while evaluating the bail application.

Release on interim bail:
After considering the facts and circumstances, the Court deemed it appropriate to grant interim bail to the petitioner for a period of four weeks. The release was subject to the imposition of terms and conditions by the trial court. The bail period would commence immediately upon the petitioner's release, and upon its expiry, the petitioner was required to surrender promptly. The Court explicitly stated that no further extensions would be granted beyond the specified period.

Proceedings for remaining accused and Listing of main proceedings:
The judgment also directed the listing of the main proceedings on July 15, 2022, as previously instructed. The order addressed the interim bail application, disposing of it while ensuring the continuation of the main proceedings as scheduled. The judgment provided clarity on the interim relief granted to the petitioner and the subsequent steps to be followed in the case.