9911796707
TMI Blog2022 (4) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Vinayak Sharma, Adv., Mr. Arvind Kumar Sharma, Adv., Mr. Bhanwar Pal Singh Jadon, DAG, Mr. Chetan Jadon, Adv., Ms. Hemlata Singh, Adv., Mr. Virendra Pal Singh, Adv., Mr. Rovin Singh Solanki, Adv., Dr. Monika Gusain, AOR O R D E R 1 Leave granted. 2 By the impugned order dated 18 November 2021 of a Single Judge of the High Court of Punjab and Haryana, an application for bail has been rejected. The Single Judge held that: (i) An earlier application for bail was dismissed on merits; and (ii) No ground was made out for the grant of bail on the ground of parity with the other accused who have been granted bail. 3 Briefly stated, a complaint (Criminal Complaint No. 3 of 2019) was lodged on 18 May 2019 before the Sessions Judge-cum- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the grant of bail on the part of some of the other accused, including, Vivek Harivyasi, Priyanka Modi, Raj Kumar Modi and Surender Singh, have been entertained. 5 A counter affidavit has been filed in these proceedings by SFIO opposing bail. 6 Mr K M Nataraj, Additional Solicitor General appearing on behalf of SFIO, opposed the prayer for bail on the following grounds: (i) The conditions which are spelt out under Section 212(6) of the Companies Act 2013 have not been fulfilled; (ii) There can be no claim of parity having due regard to the fact that besides the receipt of a commission of an amount of Rs 22 lakhs, the appellant is, upon investigation, found to have been involved in a concerted course of action of granting accommod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has been in custody since 28 August 2019. In Nittin Johari (supra), this Court has held: "24. At this juncture, it must be noted that even as per Section 212(7) of the Companies Act, the limitation under Section 212(6) with respect to grant of bail is in addition to those already provided in CrPC. Thus, it is necessary to advert to the principles governing the grant of bail under Section 439 of CrPC. Specifically, heed must be paid to the stringent view taken by this Court towards grant of bail with respect of economic offences." While the provisions of Section 212(6) of the Companies Act 2013 must be borne in mind, equally, it is necessary to protect the constitutional right to an expeditious trial in a situation where a larg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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