Pankaj Jain v. Serious Fraud Investigation Office

$~67 to 69 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2769/2022 & CRL.M.A. 18681/2022 PANKAJ JAIN .....Applicant Through:

Mr. Sidharth Chopra, Mr.

Aditya Raj, Mr. Prateek Solanki, Ms.

Anju Agarwal, Advs.

versus SERIOUS FRAUD INVESTIGATION OFFICE .....Respondent Through:

Mr. Pankaj Mohan, Sr.

Prosecutor, Mr. Umesh Mankad, Sr.

Asst.

Director, Mr.

Kartikey Yadav, Mr. Lakshay Singh & Mr. A.S. Muhania, Advs.

Adv. Harish Vaidyanathan Shankar, CGSC, Adv.

Srish Kumar Mishra & Adv. Alexander Mathai Paikaday.

+ BAIL APPLN. 465/2023 INDERJEET SINGH ..... Applicant Through:

Adv. Piyush Chhabra & Adv. Himanshi.

versus SERIOUS FRAUD INVESTIGATION OFFICE .....Respondent Through:

Mr. Amit Tiwari (CGSC) with Adv. Pankaj Mohan, Sr.

Prosecutor, Umesh Mankad, Sr.

Asst.

Director, Adv. Kartikey Yadav, Adv.

Lakshay Singh & Adv. A. S.

Muhania Bhardwaj.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

+ BAIL APPLN. 582/2023 JANGI LAL CHADHA ..... Applicant Through:

Adv. Ashish Kumar proxy for Mr. Jagan Lal Chadha.

versus SERIOUS FRAUD INSVESTIGATION OFFICE .....Respondent Through:

Mr. Pankaj Mohan, Sr.

Prosecutor, Mr. Umesh Mankad, Sr.

Asst.

Director, Mr.

Kartikey Yadav, Mr. Lakshay Singh & Mr. A.S. Muhania, Advs.

Adv. Harish Vaidyanathan Shankar, CGSC, Adv.

Srish Kumar Mishra & Adv. Alexander Mathai Paikaday.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 05.07.2024 1.

The learned counsel for the applicants submit that the Hon'ble Apex Court in Tarsem Lal v. Directorate of Enforcement, Jalandhar Zonal Office : 2024 INSC 434 by judgment dated 16.05.2024 held that if the accused is not arrested till the filing of the complaint, as a normal rule the Court should issue summons to the accused and not warrants. 2.

They submit that the Hon'ble Apex Court further held that if the accused appears before the Special Court pursuant to the summons, he shall not be treated as he is in custody and therefore, it is not necessary for him to apply for bail. The Special Court, however, can direct the accused to furnish bond in terms of Section 88 of the Code of Criminal Procedure. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

They submit that in view of the law laid down by the Hon'ble Apex Court, they be permitted to withdraw the present applications and appear before the learned Special Judge and take appropriate steps as may be directed by the learned Trial Court. 4.

In view of the above, the present applications are dismissed as withdrawn with the aforesaid liberty. 5.

Interim orders stand vacated.

6.

A copy of this order be placed in all the matters. AMIT MAHAJAN, J JULY 5, 2024 "SK"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.