SLP(Crl.) No(s). 12491/2022
ITEM NO.8 COURT NO.9 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). 12491/2022
(Arising out of impugned final judgment and order dated 04-08-2022 in BA No. 661/2022 passed by the High Court Of Delhi At New Delhi)
ISHMA ARORA Petitioner(s)
VERSUS
STATE OF NCT Respondent(s)
(FOR ADMISSION and I.R. and IA No.188747/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.188765/2022-CONDONATION OF
DELAY IN REFILING / CURING THE DEFECTS and IA No.188755/2022-
PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.188759/2022-
APPLICATION FOR EXEMPTION FROM FILING ORIGINAL CUSTODY CERTIFICATE
IA No. 188755/2022 – PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 18-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Ms. Ruchi Kohli, Adv.
Mr. Yash Mishra, Adv.
Ms. Srishti Mishra, Adv.
Mr. Rohan Akshay, Adv.
Ms. Ranjita Rohatgi, Adv.
Mr. R. C. Kohli, AOR
For Respondent(s) Mr. Jayant Sud, ASG
Mr. Ishaan Sharma, Adv.
Mr. Kartik Jasra, Adv.
Mr. Annirudh Sharma, Adv.
Mr. Prashant Singh, Adv.
Mr. Randeep, Adv.
Mr. G.S. Makker, AOR
1 SLP(Crl.) No(s). 12491/2022
UPON hearing the counsel the Court made the following
O R D E R
The petitioner seeks her enlargement on regular bail in FIR No. 56/2016 registered on 11 th
May 2016 under Sections 420, 467,
468, 471, 120B, 34 IPC at Police Station, Economic Offence Wing
Delhi.
There is no doubt and allegations against the petitioner are extremely serious. She is involved not in one but 19 criminal cases. In most of the cases there are allegations of forging documents and duping the financial institutions like Bank of Maharashtra to avail cash credit running into crores of rupees. The husband of the petitioner who stood as the guarantor is equally involved. The mortgage deeds of the properties furnished as security were also found to be forged. The offences, as noticed earlier, are alleged to have been committed with different financial institutions.
The other story of the case is that the petitioner was arrested on 24 th February, 2016. She is in custody for almost seven years. The trial in the subject case has just commenced and the complainant is being examined in these days. Out of 19 cases, the petitioner has been enlarged on bail in 17 cases. In the case in hand, there are 61 prosecution witnesses and the third witness is being examined now. The conclusion of trial will thus take a long time.
Assuming that the petitioner is eventually found guilty and
2 SLP(Crl.) No(s). 12491/2022 appropriate sentence is awarded, yet we are of the view that the period of almost seven years spent by her as an under-trial prisoner cannot be taken lightly. We are thus of the view that it is a case where balance between the rights, emanating under Article 21 of the Constitution of India on the one hand and the States right to ensure a fair and proper trial on the other hand, need to be balanced. Consequently, without expressing any view on the merit, the petitioner is directed to be released on bail subject to furnishing appropriate bail bonds to the satisfaction of the trial court. In addition to the conditions which may be imposed by the trial court, it is directed that :-
(i) The passport of the petitioner, if not impounded, shall be deposited with the trial court.
(ii) The petitioner shall appear before the trial court on each and every day unless exempted expressly.
(iii)The petitioner shall not make any direct or indirect attempt to influence the prosecution witnesses.
(iv) The immovable assets of the petitioner and her husband shall remain attached till trial in all cases are over.
(v) The petitioner shall fully cooperate with the on going trial and shall not take any adjournment.
The special leave petition is disposed of accordingly.
Pending application(s), if any, shall stand disposed of.
(SONIA BHASIN) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
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