VidhiSangh

Supreme Court of India · 08/04/2025

SERIOUS FRAUD INVESTIGATION OFFICE versus ADITYA SARDA

[2025] 5 S.C.R. 485 · 2025 INSC 477

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Summary

In a batch of sixteen appeals by the SFIO arising from its complaint against the Adarsh Group accused for fraud under Section 447 of the Companies Act, 2013, the Supreme Court set aside High Court orders granting anticipatory bail to accused who had evaded bailable and non-bailable warrants and against whom proclamation proceedings under Section 82 CrPC had been initiated. Anticipatory bail is an exceptional remedy, especially in serious economic offences; an accused who conceals himself after warrants or proclamation is ordinarily not entitled to it, and the orders ignored the mandatory twin conditions of Section 212(6) of the Companies Act. Three appeals were dismissed where no non-bailable warrant had issued or the Special Court itself had granted anticipatory bail.

Issues

  1. Whether the High Court was justified in granting anticipatory bail to accused in a serious economic offence case who had avoided execution of bailable and non-bailable warrants issued by the Special Court and against whom proclamation proceedings under Section 82 CrPC had been initiated.
  2. Whether the mandatory twin conditions for bail in Section 212(6) of the Companies Act, 2013 apply to anticipatory bail for offences under Section 447 and whether the High Court could ignore them.
  3. Whether, in a complaint case where the accused were not arrested during investigation, the Special Court taking cognizance was bound to issue summons rather than warrants under Section 204 CrPC.

Provisions considered

Held

Result

Fourteen appeals allowed; the High Court's orders dated 29.03.2023 and 20.04.2023 granting anticipatory bail set aside; the respondents-accused to surrender before the Special Court within one week, with their bail applications to be decided by the Special Court in accordance with law and no opinion expressed on merits. Appeals concerning Akshat Singh, Naveen Kumar and Mahesh Dutt Sharma dismissed.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 485.