ITEM NO.11 COURT NO.4 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).15789/2023
(Arising out of impugned final judgment and order dated 06-07-2023
in BA No.1237/2023 passed by the High Court Of Delhi At New Delhi)
ASHISH SAXENA Petitioner(s)
VERSUS
STATE Respondent(s)
(IA No.230519/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No.245667/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

Date : 29-01-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. P.N. Mishra, Sr. Adv.
Mr. Bhanu Sanoriya, Adv.
Mr. Piyush Aggarwal, Adv.
Mr. Arun Kumar Nagar, Adv.
Mr. Sudhir Naagar, AOR

For Respondent(s) Mr. K M Nataraj, A.S.G.
Mr. R Bala, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR
Ms. Indira Bhakar, Adv.
Mr. Sharath Nambiar, Adv.
Mr. Annirudh Sharma II, Adv.
Mr. B K Satija, Adv.
Ms. Lily Marli Noshi, Adv.
Mr. Rajesh Kr., Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner alongwith his father is an accused in FIR No.71/2020 under Section 420, 406, 409, 411, 414, 467, 468, 471, 212, 120B/34 of the Indian Penal Code, 1860 registered at Police Station Economic Offences Wing, Delhi.

2. The allegations are regarding duping the complainant for a sum of Rs.4,25,00,000/- (Rupees four crore twenty-five lakhs) taken by petitioners father on the pretext of arranging loan of Rs.75 crores for the complainant. The further allegations are that the petitioner being beneficiary of the fraudulent transaction, a sum of Rs.95 lakhs was transferred to his account. The petitioners father was arrested on 16.08.2020, whereas he was arrested on
05.10.2020. The petitioner was hardly 22 years old at the time of his arrest. He was released on interim bail on 02.06.2021 on the assurance by him that an FDR of Rs.95 lakhs shall be submitted to show his bona fide .

3. The petitioner, however, did not furnish the FDR despite repeated opportunities granted to him. He rather absconded and was declared a proclaimed offender. He was again arrested on 22.11.2022 and is in custody since then. Meanwhile, his father has been released on bail on 27.01.2023.

4. Having heard learned counsel for the petitioner and learned Solicitor General of India on behalf of the respondent and taking into consideration the period already spent by the petitioner in custody, however, without expressing any opinion on merits of the case, the petitioner is directed to be released on bail, subject to his furnishing adequate bail bonds to the satisfaction of the Trial Court. The petitioner shall remain present before the Trial Court each and every date of hearing, failing which it shall be taken as a misuse of the concession of bail.
5. The special leave petition is disposed of in the above terms.
6. All pending applications, if any, also stand disposed of.

(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)