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TMI Blog2023 (2) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... unless the twin conditions contained therein are satisfied. As held by this court in Komal Chadha [ 2022 (12) TMI 982 - DELHI HIGH COURT] however, other things apart, in mechanically remanding the petitioner to judicial custody, the learned Special Judge misdirected himself in applying section 212(6) to the situation in as much as that provision relates to a stage where the court is considering grant or refusal of bail to a person who is in custody - Section 212(6) would not apply to a case where the I.O. has never sought police custody of the accused; and has not even asked that the accused be remanded to judicial custody after cognizance is taken. The decision whether to remand the petitioner to judicial custody upon his appearance, v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at, Advocate and Ms. Simran Gupta, Advocate. For the Respondents : Mr. Shrey Sharawat, Advocate ORDER At the outset, Mr. Ashutosh Lohia, learned counsel for the petitioner seeks liberty to place on record order dated 25.05.2022, whereby the learned Special Judge was pleased to remand the petitioner to judicial custody and rejected his first bail application. The order has been shown to court. Let it be placed on record. 2. By way of the present petition under section 439 of the Code of Criminal Procedure, 1973 ( Cr.P.C. for short), the petitioner, who is accused in CC No.245/2021 titled SFIO vs. Parul Polymers Pvt. Ltd Ors. pending trial before the learned Special Judge (Companies Act), Dwarka Courts, New Delhi, seeks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulging in fraudulent diversion of funds to sister concerns. 7. Mr. Lohia submits that the petitioner was employed with the company as a mere assistant/office boy; that he was not even on the pay-roll of the company; and was paid salary of only about Rs.10,000/- per month in cash. It is further pointed-out that, as summarized in reply Bail Appl. 2633/2022 Page 3 of 7 dated 15.11.2022 filed by the SFIO to the present petition, the role attributed to the petitioner in the criminal complaint is the following: 8. That the applicant was a regular employee of PPPL and a close confidant of Suman Chadha (A-2). 9. That the applicant had admitted on oath that he had helped Suman Chadha (A-2) in opening of bank accounts in the name of oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused in the matter, viz. Komal Chadha, who is the wife of the promoter, and was herself a Director in the company, has already been admitted to bail vide judgment dated 21.12.2022 made by this court in Bail Appl. No.1740/2022 Komal Chadha vs. SFIO : 2022/DHC/005738 on grounds which apply a-fortiori to the petitioner, since the petitioner had a very peripheral, limited and non-voluntary role in the matter. 10. Upon being queried as to the allegation that the petitioner had subscribed the names/signatures of various persons on the account opening forms, Mr. Lohia submits, that being a petty employee of the company, the petitioner had no choice in the matter. In any case, it is the submission on behalf of the petitioner, that in relation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in as much as that provision relates to a stage where the court is considering grant or refusal of bail to a person who is in custody. Section 212(6) would not apply to a case where the I.O. has never sought police custody of the accused; and has not even asked that the accused be remanded to judicial custody after cognizance is taken. The decision whether to remand the petitioner to judicial custody upon his appearance, vests with the Special Judge; and that should have been considered and decided by the Special Judge in accordance with well-settled and restrictive principles as to pre-trial detention of an accused. 15. In the present case, as also in the case of Komal Chadha (supra), the order remanding the petitioner to judicial custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, subject to the following conditions: a. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-Five Thousand Only) with 02 sureties in the like amount from family members, to the satisfaction of the learned Special Judge; b. The petitioner shall furnish to the Investigating Officer/SFIO a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; c. If the petitioner has a passport, he shall surrender the same to the learned Special Judge and shall not travel out of the country without prior permission of the learned Special Judge; d. The petitioner shall not contact, nor visit, nor offer any inducem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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