2023 (5) TMI 176 - HC - Indian Laws

Seeking grant of anticipatory bail - petitioner has absented himself willfully despite the undertaking given by his wife and his counsel before the trial Court - HELD THAT - This Court is sanguine of the fact that in the other connected petitions the interim protection has been granted in the light of the various orders passed by this Court as well as by the Apex Court. Since, in the present case the petitioner has absented himself willfully despite the undertaking given by his wife and his counsel before the trial Court. To meet the ends of justice and keeping in view the orders passed in the cases of other co-accused in various petitions, which are still pending for final hearing, the petitioner is directed to surrender before the trial Court within a period of one week from today and apply for regular bail. Application disposed off.

Summary

Issues:
Grant of anticipatory bail in a criminal complaint under Sections 447 and 147 of the Companies Act, 2013 and Sections 120-B, 418 and 420 IPC pending before the Court of Session at Gurugram.

Analysis:
The petition was filed under Section 438 Cr.P.C. seeking anticipatory bail in a criminal complaint pending before the Court of Session at Gurugram. The accused-petitioner had sought exemption from personal appearance due to health reasons, specifically citing suffering from an eye viral infection and being bedridden. Proclamation proceedings were deferred based on the assurance from the accused's counsel and wife that the accused would appear before the Court within a week. A previous petition filed by the petitioner was dismissed with liberty to file a fresh one with better particulars. The Deputy Solicitor General of India had no objection if the petitioner surrendered and applied for regular bail before the trial Court.

The Court noted that interim protection had been granted in other connected petitions, but in the present case, the petitioner had willfully absented himself despite assurances given by his wife and counsel before the trial Court. Considering the orders passed in cases of other co-accused still pending for final hearing, the petitioner was directed to surrender before the trial Court within a week and apply for regular bail. Any application for bail filed after surrender would be considered and decided on the same date in accordance with the law.

Therefore, the Court disposed of the petition accordingly, emphasizing the importance of meeting the ends of justice and following the legal procedures, including surrendering before the trial Court and applying for regular bail within the specified timeframe.